iii 


a»»t^il! 


UNIVERSITY  OF  CALIFORNIA 
LOS  ANGELES 


CHARTER 


AND 


REVISED  ORDINANCES 


OP     THE 


CITY  OF  Saint  Joseph 

EMBRACING  ALL  ORDINANCES  OF  GENERAL  INTEREST 
IN  FORCE  APRIL  I.  1905 


TO  WHICH  ARE  ADDED  ALL  LAWS  OF  THE  STATE  OF  MISSOURI 

OF  A  GENERAL  NATURE  APPLICABLE  TO  THE  CITY 

OF  ST.  JOSEPH,  AND  A  HISTORICAL 

SKETCH  OF  THE  CITY 


Compiled,  Arranged,  Annotated  and 
Indexed  by 

JAMES  M.  WILSON 


Printed  and  Published  by  Authority  of  the  City  of  St.  Joseph 


423     Tf> 

SAINT  JOSEPH,    MISSOURI 

COMBE    PRINTING    COMPANY 

1905 


Printed  copies  of  the  ordinances  of  any  city  *  *  *  purporting  to  be 
published  by  authority  of  such  city  *  *  *  and  any  printed  pamphlet  or 
volume  purporting  to  be  published  by  authority  of  any  such  city,  and  to 
contain  the  ordinances  *  *  *  of  such  city,  shall  be  evidence  in  all  Courts 
within  this  State,  of  such  ordinances  *  *  *^ 

— [R.  S.  1899,  Sec.  3100.] 


Table  of  Contents 


Page 
Historical  Sketch 1 

CONSTITUTION  OF  THE  STATE  OF  MISSOURI. 

Article  II— Bill  of  Rights 6 

Article  IV — Legislative  Department    6 

Article  IX— Counties,  Cities  and  Towns 7 

Article  X — Revenue  and  Taxation 9 

Article  XI — Education 12 

Article  XIV — Miscellaneous  Provisions 13 

CHARTER. 

Article  I — Organization  and  Classification  of  Cities 14 

Article  II — Corporate  Powers— Enlargement  of  City  Limits— Crea- 
tion of  Wards 17 

Article  III— Common  Council 21 

Article  IV — General  Powers  of  Mayor  and  Common  Council 29 

Article  V — Board  of  PubUc  Works 46 

Article  VI — City  Officers— Elections 57 

Article  VII — Mayor 62 

«    Article  VIII— Duties  of  Ofllcers 64 

a    Article  IX — Revenue — Levy  of  Taxes 69 

Article  X— Indebtedness — Bonds 107 

V    Article  XI— Condemnation  of  Private  Property  for  Public  Use 118 

5   Article  XII-  Change  of  Established  Grade— Grading  Streets 124 

^^  Article  XIII — Grading  and  Paving  Streets 130 

^  Article  XIV— Boulevards— Special  Tax  Bills— Sprinkhng  and  Clean- 
ing Streets 141 

Article  XV— Plan  of  Streets,  Additions  and  Plats 144 

Article  XVI— Sewers 147 

Article  XVII— Fire  Department 150 

Article  XVIII— Parks 161 

Article  XIX— Public  Library 163 

Article  XX— Charity  Board 168 


J 


IV  TABLE  OF  CONTENTS. 

Page 

Article  XXI— Police  Force— Commissioners 171 

Article  XXII— Public  Work— Bonds  of  Contractors 182 

Article  XXIII— Franchises— Sale  of 183 

Article  XXIV— Water,  Gas,    Electric,    Telephone    and   Telegraph 

Plants 185 

Artici  e  XXV— Railroads 188 

Article  XXVI— Street  Railways  190 

Article  XXVII— Burial  Ground 197 

Article  XXVIII— Riot— Damage  by 198 

Article  XXIX — Damages— Action  for  Personal  Injuries 199 

Article  XXX— Registration 201 

Article  XXXI — Dramshops 211 

Article  XXXII— Plumbing 213 

Article  XXXIII — Miscellaneous  Provisions 217 

Article  XXXIV— Bridges  and  Tunnels 221 

REVISED  ORDINANCES. 

Chapter  I — Accidents- Evidence  to  be  Preserved 223 

Chapter  II — Amusements — Shows 225 

Chapter  III— Auctioneers 232 

Chapter  IV— Billiard  and  Other  Tables 233 

Chapter  V— Bill  Posting— Bill  Boards 235 

Chapter  VI — Boilers— Steam  Boilers— Inspection  of,  Etc 238 

Chapter  VII — Boundaries — Munieipal  Boundaries 247 

Article  I — Corporate  Limits — Extension  of 247 

Article  II — Ward  Boundaries 249 

Article  III — Subdivision  of  Wards 251 

Chapter  VIII — Buildings 255 

Article  I — Buildings — Survey  and  Inspection  of 255 

Article  II — Permits  by  Superintendent  of  Buildings 258 

Article  III — Unsafe  Buildings 258 

Article  IV — Construction  of  Buildings 264 

Article  V — Removal  of  Buildings.. 270 

Article  VI— Numbering  Buildings 271 

Chapter  IX— Chimney  Sweep 273 

Chapter  X— Common  Council 275 

Article  I — Common  Council 275 

Article  II— Committees  of  Common  Council 277 

Chapter  XI— Condemnation  of  Private  Property,  Etc 279 


TABLE  OF  CONTENTS. 


V 


Chapter  XII— Dogs  and  Other  Animals 281 

Article  I— Dogs 281 

Article  II— Dog  Enumerator  and  Ex-officio  Publiclmpounder . .  284 

Article  III — Impounding  Live  Stock 287 

Chapter  XIII— Dramshops 289 

Chapter  XIV— Elections 296 

Chapter  XV— Fire  Department 302 

Article  I— Department  and  Regulation 302 

Article  II — Fire  Limits 308 

Article  III — Fire  Escapes 312 

Article  IV— Prevention  of  Fires 315 

Article  V— Storage  of  Combustibles 318 

Article  VI — Firemen's  Pension  Fund 320 

Chapter  XVI — Garbage 32i 

Chapter  XVII — Gunpowder 325 

Chapter  XVIII— Health  Department 327 

Article  I — Board  of  Health 327 

Article  II— Health  Oflficer 329 

Article  III— Clerk  of  Board  of  Health 332 

Article  IV — Sanitary  Inspector 334 

Article  V— City  Hospital 336 

Article  VI— City  Dispensary 337 

Article  VII — Mortuary  Records 338 

Article  VIII— Vital  Statistics 340 

Article  IX— Quarantine 341 

Article  X — Adulteration  of  Foods 346 

Chapter  XIX— Highways 348 

Article  I — Names  of  Streets 348 

Article  II — Grades  of  Streets 385 

Article  III — Grading,  Improvement  and  Repair  of  Streets 422 

Article  IV— Excavating  in  Streets 429 

Article  V — Obstruction  of  Streets,  Etc 434 

Article  VI— Classification  and  Construction  of  Sidewalks 441 

Article  VII — Repair  of  Sidewalks .   449 

Chapter  XX— Hotels  and  Boarding  Houses 453 

Chapter  XXI— Hucksters 454 

Chapter.  XXII— Ice 457 

Chapter  XXIII— Inspector  of  Licenses,  Weights  and  Measures 459 

Chapter  XXIV — Insurance  Companies 464 

Chapter  XXV— Intelligence  Offices 465 

Chapter  XXVI— Junk  Dealers 466 


VI  TABLE  OF  CONTENTS. 

Page 

Chapter  XXVII— Licenses 468 

Chapter  XXVIII— Markets  484 

Article  I — Markets— Regulations  for 484 

Article  II — Market  Master 489 

Chapter  XXIX— Meat  Shops 491 

Chapter  XXX— Merchant's  License 493 

Chapter  XXXI— Milk 499 

Chapter  XXXII— Misdemeanors 504 

Article  I— Miscellaneous  Offenses 504 

Article  II — Penalties 521 

Chapter  XXXIII— Nuisances 522 

Chapter  XXXIV— Officers 530 

Article  I— Mayor 530 

Article  II— Comptroller 532 

Article  III— Counselor 536 

Article  IV — Auditor 538 

Article  V — Treasurer 542 

Article  VI— City  Clerk 545 

Article  VII — Assessor 548 

Article  VIII— City  Attorney 550 

Article  IX— City  Electrician 551 

Article  X— City  Engineer 555 

Article  XI— Bonds  of  Officers 556 

Article  XII — Provisions  Governing  Officers  and  Employes  —     557 

Chapter  XXXV— Ordinances 563 

Chapter  XXXVI— Parks 567 

Article  I— Public  Parks  ...     567 

Article  II — Park  Commissioners 570 

Chapter  XXXVII— Passenger  Depots 571 

Chapter  XXXVIII— Pawnbrokers 573 

Chapter  XXXIX— Plumbing 577 

Article  I — Plumbing  Inspector— Rules  Regulating  Plumbing 577 

Article  II — Board  of  Examiners 586 

Chapter  XL -Pohce  Court 589 

Article  I— Police  Court 589 

Article  II— Secretary  of  Police  Court 598 

Article  III— Contempt 600 

Chapter  XLI— Printing— City  Printing 602 

Chapter  XLII— Railways — Steam  Railways 604 


TABLE  OF  CONTENTS.  vii 

Page 

Chapter  XLIII — Railway s— Street  Railways 609 

Article  I — General  Provisions  for  Street  Railways 609 

Article  II — Reconstruction  and  Paving  of  Street  Railway  Tracks  618 

Article  III — Plank  Crossings  for  Street  Railway  Tracks 622 

Chapter  XLIV— Reports  and  Accounts 623 

Chapter  XLV — Revenue — Unredeemed  Property 625 

Chapter  XLVI— Runners 626 

Chapter  XLVII— Scales  and  Weights 628 

Article  I — Public  Scales 628 

Article  II— City  Weighmaster 630 

Chapter  XLVIII— Scavengers 633 

Chapter  XLIX— Seal    636 

Chapter  L— Second- Hand  Dealers 637 

Chapter  LI— Sewers 638 

Chapter  LII — Trees— Shade  and  Ornamental 692 

Chapter  LIII— Vagrants 694 

Chapter  IJV — Vehicles — Rates  and  Regulations 697 

Chapter  LV— Water 702 

Article  I — Rates  Charged  Private  Consumers  of  Water 702 

Article  II— Time  of  Payment— Enforcement  of 714 

Chapter  LVI— Wood 716 

Chapter  LVII— Workhouse  717 


HISTORICAL  SKETCH. 


The  land  whereon  the  city  of  St.  Joseph  now  stands  was  first 
viewed  by  white  men  in  the  summer  of  1804,  when  Lewis  and 
Clarke  ascended  the  Missouri  river  on  their  memorable  exploring 
expedition  under  the  direction  of  President  Jefferson.  On  the 
4tli  day  of  July  of  that  year  they  were  encamped  on  the  Kansas 
side,  near  the  present  site  of  the  town  of  Doniphan,  and  in  honor 
of  that  day  gave  the  name  of  Independence  Creek  to  the  stream 
that  flows  into  the  river  just  below  that  point,  and  about  six  miles 
north  of  Atchison.  On  the  same  day  they  pulled  their  boats  fur- 
ther up  the  river  and  crossed  to  the  Missouri  side,  exploring  a 
chain  of  lakes,  one  of  wdiich  was  evidently  our  beautiful  Lake 
Contrary.  AVhile  so  engaged,  the  account  of  the  expedition  states 
that  one  of  the  men  was  bitten  by  a  snake,  but  by  a  timely  applica- 
tion of  bark  and  gunpowder  to  the  wound  no  serious  results  at- 
tended the  accident. 

Nothing  was  seen  by  these  explorers  worthy  of  note  in 
the  immediate  vicinity  of  the  mouth  of  Blacksnake  Creek.  A 
few  miles  further  down  the  river  were  found  the  abandoned  ruins 
of  an  Indian  village,  but  no  Indians  were  seen,  excepting  an  oc- 
casional straggler  between  the  mouth  of  the  Kaw  river  and  the 
Big  Platte,  and  it  is  probable  that  at  that  date  and  up  to  the  time 
of  its  settlement  by  the  white  people  what  is  now  Buchanan  and 
adjoining  counties  was  used  by  the  Indians  as  a  common  hunt- 
ing ground,  the  forests  abounding  in  deer,  bear,  wild  turkey  and 
almost  all  kinds  of  small  game. 

jMissouri  was  admitted  as  a  state  in  1821  with  its  present 
boundaries,  except  what  is  now  known  as  the  Platte  Purchase, 
which  included  the  counties  of  Andrew,  Atchison,  Holt,  Nodaway, 
Buchanan  and  Platte,  and  which  was  then  a  part  of  the  Iowa  Ter- 
ritory, and  occupied  jointly  by  the  Sac,  Fox  and  Iowa  Indians 
under  treaty.  In  1835  the  settlers  in  Clay  and  adjoining  counties 
began  to  express  their  desire  for  the  acquisition  by  the  United 
States  government  of  this  extremely  valuable  strip  to  be  added  to 
the  state  of  Missouri,  and  in  1836,  with  the  assistance  of  such 


2  HISTORICAL  SKETCH. 

men  as  General  Andrew  S.  Hughes,  A.  W.  Doniphan  and  David 
R.  Atchison,  Senators  Benton  and  Linn  succeeded  in  having  a  bill 
passed  in  congress  by  which  it  became  a  part  of  the  state  of 
Missouri,  and  on  September  17,  1836,  Captain  William  Clarke,  who 
had  been  superintendent  of  Indian  affairs  in  Missouri,  and  once 
territorial  governor,  formed  a  treaty  with  the  Indians  by  which 
they  ceded  this  strip  to  the  United  States  governuient,  and  in  re- 
turn received  $7,500  in  money  and  400  sections  of  land  on  the 
banks  of  the  Big  Platte,  and  the  territory  thus  acquired  and  added 
to  the  state  has  since  been  known  as  "Platte  Purchase." 

The  following  December  congress  passed  a  law  opening  the 
country  to  settlement,  and  the  next  year  settlers  from  adjoining 
counties  and  from  the  states  east  of  the  Mississippi  came  to  es- 
tablish homes  in  the  newly  acquired  territory.  They  had  listened 
eagerly  to  stories  of  a  land  unsurpassed  in  fertility  of  soil,  salu- 
brity of  climate  and  in  abundance  of  game.  None  were  disap- 
pointed and  few  returned. 

Soon  after  the  explorations  by  Lewis  and  Clarke  hunters  and 
trappers,  and  later  traders,  began  to  make  an  occasional  appear- 
ance on  the  waters  of  the  Missouri  above  the  mouth  of  the  Kaw. 
In  June,  1819,  the  first  steamboat  made  its  trip  up  the  Missouri 
river  past  this  point  bound  for  the  Yellowstone.  It  was  called  the 
* '  Western  Engineer. ' ' 

In  1826  Joseph  Robidoux  established  a  trading  post  at  the 
mouth  of  Blacksnake  Creek,  first  as  the  agent  of  the  American  Fur 
Company  and  later  for  himself.  The  trade  thus  established  with 
the  trappers  and  Indians  grew  to  be  profitable,  and  the  hardy 
Frenchman  and  his  family  were  not  long  alone.  Others,  mostly  his 
own  countrymen,  joined  him,  and  with  the  settlement  of  the  coun- 
try round  about  traffic  grew  at  " Robidoux 's,"  and  in  1843  a  new 
town  was  laid  off  and  called  St.  Joseph  in, honor  of  its  founder 
and  in  remembrance  of  the  good  saint  for  whom  Robidoux  had 
been  christened.  It  extended  from  Messanie  street  on  the  south 
to  a  little  above  Robidcnix  street  on  the  north,  and  from  the  river 
on  the  west,  east  to  Sixth  street,  and  comprised  that  portion  of  the 
city  which  is  now  shown  on  llic  |)l;it  as  "Original  Town."  The 
streets  were  named  foi-  the  membei-s  of  the  Robidoux  family — An- 
gelique  (the  foundei-'s  wife),  Sylvanie,  Felix,  Francis,  Jules,  An- 
toine,  Farai>ii.  l-ldiiiond,  etc. 

In  1847  the  population  of  the  town  was  967,  and  from  this 
time  on  its  irrowth  was  rapid.     St.  Joseph  became  the  outfitting 


HISTORICAL  SKETCH.  3 

point  for  Pike 's  Peak  and  the  California  gold  fields,  and  when  the 
Hannibal  &  St.  Joseph  railroad  was  completed  in  1859  fresh  im- 
petus w^as  given  to  the  traffic  then  peculiar  to  the  West.  The 
town  of  Weston  had  at  first  held  the  river  trade,  and  was  looked 
upon  as  the  future  metropolis  of  the  upper  Missouri,  but  with  the 
building  of  railroads  and  the  decreasing  importance  of  the  hemp 
crop,  of  which  Weston  is  said  to  have  been  the  greatest  market 
in  the  world,  its  decline  was  rapid. 

The  county  seat  had  at  first  been  established  at  Sparta,  about 
six  miles  further  south,  and  remained  there  until  1846,  when  it 
was  changed,  after  a  spirited  campaign,  to  St.  Joseph. 

In  1849  the  travel  westward  from  St.  Joseph  had  grown  to 
great  proportions.  Between  April  1st  and  June  15th  of  that  year 
1,508  wagons  were  ferried  over  the  river  here  on  their  way  across 
the  great  plains,  and  it  was  estimated  that  in  1850  more  than  50,- 
000  emigrants  left  for  the  far  west  after  having  outfitted  at  St. 
Joseph. 

In  1851  St.  Joseph  received  its  first  charter  at  the  hands  of 
the  legislature.  It  was  a  very  conservative  instrument,  provid- 
ing that  the  mayor  and  council  should  have  the  power  to  levy  a 
tax  of  not  exceeding  one-half  of  1  per  cent  upon  the  assessed  value 
of  property  within  the  city,  and  further  providing  that  there 
could  not  be  expended  more  than  $1,000  annually  for  the  payment 
of  salaries  of  city  officers ;  that  no  money  should  be  paid  out  of 
the  city  treasury  unless  in  pursuance  of  appropriations,  and  that 
the  city  officers  should  have  no  power  to  contract  or  in  any  man- 
ner create  a  debt  or  liability  exceeding  the  sum  of  $1,000  over 
and  above  the  amount  in  the  city  treasury  and  not  otherwise  ap- 
propriated. In  1855  the  legislature  w^as  prevailed  upon  to  enlarge 
the  powers  of  the  municipality,  authorizing  it  to  "subscribe  for 
the  capital  stock  of  railroads,  and  for  erecting  wharves  and  pro- 
tecting the  banks  of  the  Missouri,"  and  in  1857  the  charter  was 
again  amended  authorizing  the  mayor  and  council  "to  subscribe 
for  the  capital  stock  of  any  railroad  terminating  at  or  near  said 
city,  or  for  the  stock  of  any  other  improvement  tending  to  pro- 
mote the  general  interest  and  prosperity  of  the  city."  Thus  were 
the  mayor  and  council  of  St.  Joseph  given  the  power  to  fix  an 
indebtedness  upon  future  generations,  no  limit  being  placed  upon 
the  amount  thereof,  nor  any  restriction  as  to  what  it  should  be 


4  HISTORICAL  SKETCH. 

for  so  long  as  in  their  opinion  it  "tended  to  promote  the  general 
interest  and  prosperity  of  the  city. 

Under  the  charter  as  thus  amended  the  municipal  officers, 
under  the  guise  of  promoting  the  g'eneral  interest  and  prosperity 
of  the  city,  issued  bonds  as  follows:  For  river  improvement, 
$200,000 ;  gas  plant,  $25,000 ;  St.  Joseph  &  Denver  railroad,  $500,- 
000 ;  bridge,  $500,000 ;  Kansas  City,  St.  Joseph  &  Council  Bluffs 
railroad,  $210,000 ;  IMissouri  Valley  railroad,  $150,000 ;  St.  Joseph 
&  Topeka  railroad,  $50,000 :  macadam  road  from  Elwood  to  Wa- 
thena,  $25,000 ;  the  rate  of  interest  being  not  less  than  8,  and  in 
some  instances  10  per  cent. 

The  result  was  that  in  a  few  years  the  city  had  reached  its 
financial  limit.  City  warrants  were  selling  at  a  discount  of  from 
10  to  20  per  cent  below  par.  In  1878  one  and  two  dollar  warrants, 
resembling  government  bills,  bearing  no  interest,  were  issued  to 
the  extent  of  $100,000  for  home  circulation,  bearing  upon  their 
face  the  city's  promise  to  pay.  The  people  soon  became  heartily 
tired  of  the  "city  scrip,"  as  it  was  popularly  called.  It  would  not 
circulate  outside  of  the  city,  and  its  constant  handling  soon  re- 
duced it  to  a  dilapidated  condition.  Its  redemption  did  not  take 
place,  however,  until  1885-6. 

Times  grew  so  hard  with  the  city  and  its  financial  standing 
was  so  bad  that  in  the  latter  70 's  and  early  80 's  talk  of  repudia- 
tion was  heard  on  all  hands,  but  better  judgment  prevailed,  and 
after  encountering  many  difficulties  all  of  the  old  indebtedness 
was  refunded. 

However,  St.  Joseph  was  not  the  only  Missouri  city  wlilch 
suffered  in  those  da.ys  from  extravagant  gifts  to  corporations,  and 
in  1875  the  adoption  of  a  new  constitution  wiselj^  marte  it  impos- 
sible for  such  a  thing  to  occur  in  the  future.  It  was  provided  by 
this  new  instrument  that  no  city  or  other  municipality  should 
thereafter  become  a  subscriber  to  the  capital  stock  of  any  railroad 
or  other  corporation  or  association,  or  make  any  appropriation, 
or  donation,  or  loan  its  credit  to  or  in  aid  of  any  such  corporation 
or  association ;  and  it  was  further  provided  that  no  city  or  town 
should  have  the  right  under  any  circumstances  to  incur  indebt- 
edness in  excess  of  5  per  cent  of  the  city's  assessed  valuation. 
The  cily's  indebtedness  had,  however,  reached  beyond  the  two 
million  mai-k.  and  while  it  has  at  this  date,  1905,  been  materially 
reduced  the  taxpayers  are  still  laboring  to  rid  themselves  of  this 
early  bnrdon.     In  1882  the  tax  levy  for  municipal  purposes  was 


HISTORICAL  SKETCH.  5 

$2.60  on  the  $100  valuation;  in  1892  it  had  fallen  to  $1.60,  and 
for  the  year  1905  it  is  only  $1.30,  while  the  bonded  indebtedness 
is  now  but  $1,281,850,  including  the  $325,000  of  electric  light  plant 
and  sewer  bonds  issued  in  1[)04 :  and  the  last  named  issue  is  about 
the  only  indebtedness  for  which  the  city  can  point  to  an  equiva- 
lent. 

In  1885  St.  Joseph  became  a  city  of  the  second  class,  and 
while  it  is  entitled,  under  the  census  of  1900,  to  become  a  city  of 
the  first  class,  it  has  never  elected  to  come  within  that  classifica- 
tion. 

While  the  development  of  St.  Joseph  was  to  a  material  extent 
arrested  by  the  Civil  War,  as  well  as  by  the  reckless  financial  ven- 
tures above  referred  to,  its  growth  has  at  all  times  been  steady, 
and  even  rapid,  and  its  prosperity  for  many  years  past  has  been 
fully  assured.  The  population  of  St.  Joseph  has  been  practically 
doubled  every  ten  years  of  its  existence,  the  census  reports  being 
as  follows : 

1850.     Population  3,460 

1860.  ' ' 8,932 

1870.  ' '  19,565 

1880.  ' '  32,431 

1890.  ' '  52,324 

1900.  "  102,974 

The  census  of  1900  showed  that  of  the  sixty-two  cities  in  the 
United  States  having  a  population  of  60,000  and  over  but  two. 
New  York  and  Los  Angeles,  showed  a  greater  percentage  of  in- 
crease in  population  from  1890  to  1900. 

JAMES  M.  WILSON. 


CONSTITUTION 

OF  THE  STATE  OF  MISSOURI. 

1875. 
PROVISIONS  AFFECTING  CITIES. 


ARTICLE    II 


BILL  OP  RIGHTS. 

Section     18.     Officers  to  attend  personally  to    duties. 

Sec.  18.  Officers  to  attend  personally  to  duties. — That  no 
person  elected  or  appointed  to  any  ol'fiee  or  employment  of  trust 
or  pi-ofit  under  the  laws  of  this  state,  or  any  ordinance  of  any 
raunicii)ality  in  this  state,  shall  hold  such  office  without  personally 
devoting  his  time  to  the  performance  of  the  duties  to  the  same 
belonging. 


ARTICLE    IV. 

LEGISLATIVE  DEPARTMENT. 

Section      47.     Municiiialitios,  loaning  credit  of. 

Sep.  47.  Municipalities,  loaning  credit  of.— The  General 
A.ssembly  shall  have  no  power  to  authorize  any  county,  city,  town 
or  townsliip.  oi-  .iihci-  political  corporation  or  subdivision  of  the 
state  now  existin^^  or  that  may  be  hereafter  established,  to  lend 


I 


CONSTITUTION.  7 

its  credit,  or  to  grant  public  money  or  thing  of  value  in  aid  of  or 
to  any  individual,  association  or  corporation  whatsoever,  or  to  be- 
come a  stockholder  in  such  corporation,  association  or  company: 
Provided,  that  this  shall  not  be  so  construed  as  to  prohibit  the 
General  Assembly  from  providing  by  law  for  authorizing  the  crea- 
tion, maintenance  and  management  of  a  fund  for  the  pensioning 
of  crippled  and  disabled  firemen,  and  for  the  relief  of  the  widows 
and  minor  children  of  deceased  firemen,  by  such  cities,  villages  or 
incorporated  towns  as  may  have  an  organized  fire  dei)artment — 
said  fund  to  be  taken  from  the  municipal  revenue  of  such  cities, 
villages  or  incorporated  towns.  (Proviso  added  by  amendment 
adopted  Nov.  8,  1892). 


ARTICLE     IX 


COUNTIES,  CITIES  AND  TOWNS. 


Section 

2.     All     additions     to     be     part     of 

county    seat. 
6.     Subscription   to   capital   stock  of 
coipoiations,    etc.,    prohibited. 


Section 

7.     Classification    of    cities    and 
towns. 

13.  Fees  of  officers  limited. 

14.  Additional   officers. 

18.     No  person  to  hold  two  offices. 


Sec.  2.  All  additioiis  to  be  part  of  county  seat. — 
*  *  *  All  additions  to  a  town  which  is  a  county  seat  shall  be 
included,  considered  and  regarded  as  part  of  the  county  seat. 

Sec.  6.  Municipalities  not  to  subscribe  to  capital  stock 
of  corporation. — No  county,  tov\^nship,  city  or  other  municipality 
shall  hereafter  become  a  subscriber  to  the  capital  stock  of  any 
railroad  or  other  corporation  or  association,  or  make  appropria- 
tion or  donation,  or  loan  its  credit  to  or  in  aid  of  any  such  cor- 
poration or  association,  or  to  or  in  aid  of  any  college  or  institution 
of  learning  or  other  institution,  whether  created  for  or  to  be  con- 
trolled by  the  state  or  others.  All  authority  heretofore  conferred 
for  any  of  the  purposes  aforesaid  by  the  General  Assembly,  or  by 
the  charter  of  any  corporation,  is  hereby  repealed :  Provided, 
however,  that  nothing  in  this  constitution  contained  shall  affect 
the  right  of  any  such  municipality  to  make  such  subscription 
where  the  same  has  been  authorized  under  existing  laws  by  a 


8  CONSTITUTION. 

vote  of  the  people  of  such  niunicipality  prior  to  its  adoption,  or  to 
prevent  the  issue  of  renewal  bonds,  or  the  use  of  such  other  means 
as  are  or  may  be  prescribed  by  law  for  the  liquidation  or  pay- 
ment of  such  subscription,  or  of  any  existing  indebtedness. 

Sec.  7.  Classification  of  cities  and  towns. — The  General 
Assembly  shall  provide,  by  general  laws,  for  the  organization  and 
classification  of  cities  and  towns.  The  number  of  such  classes 
shall  not  exceed  four;  and  the  power  of  each  class  shall  be  de- 
fined by  general  laws,  so  that  all  such  municipal  corporations  of 
the  same  class  shall  possess  the  same  powers  and  be  subject  to  the 
same  restrictions.  The  General  Assembly  shall  also  make  provis- 
ions, by  general  law,  whereby  any  city,  town  or  village  existing 
by  virtue  of  any  special  or  local  law  may  elect  to  become  subject 
to  and  be  governed  by  the  general  laws  relating  to  such  corpora- 
tions. 

Sec.  13.  Fees  of  officers  limited. — The  fees  of  no  ex- 
ecutive or  ministei'ial  officer  of  any  county  or  municipality,  exclu- 
sive of  the  salaries  actually  paid  to  his  necessary  deputies,  shall 
exceed  the  sum  of  ten  thousand  dollars  for  any  one  year.  Every 
such  officer  shall  make  return,  quarterly,  to  the  county  court  of  all 
fees  by  him  received,  and  of  the  salaries  by  him  actually  paid  to 
his  deputies  or  assistants,  stating  the  same  in  detail,  and  verifying 
the  same  by  his  affidavit;  and  for  any  statement  or  omission  in 
such  return,  contrary  to  truth,  such  officer  shall  be  liable  to  the 
penalties  of  Avilful  and  corrupt  perjury. 

Sec.  14.  Additional  officers.— Except  as  otherwise  di- 
rected by  this  constitution  the  General  Assembly  shall  provide  for 
the  election  or  appointment  of  such  other  county,  township  and 
municipal  officers  as  public  convenience  may  require,  and  their 
tei-iiis  of  office  and  duties  shall  be  prescribed  by  law;  but  no  term 
of  office  shall  exceed  four  years. 

Sec.  18.  No  person  to  hold  two  offices.— And  uq  person  shall, 
at  the  same  time,  fill  two  municipal  offices,  either  in  the  same  or 
different  municipalities;  but  this  section  shall  not  apply  to  nota- 
ries public,  justices  of  the  peace  or  officers  of  the  militia. 


CONSTirUTION. 


ARTICLE    X. 

REVENUE  AND  TAXATION. 

Section  Section 

1.  The    taxing   power.  9.     Cities  liable  for  state  taxes. 

2.  The   power   to   tax   corporations.       '     10.     Taxes,   how  assessed. 

3.  Taxes  may  be  levied.  j       11.     Rate   and  valuation. 

4.  Property,  how  taxed.  I       12.     Not   to   become   indebted   in   ex- 

5.  Railioad       coiporations,       how  j  cess  of  revenue. 

taxed.  13.     Private   property. 

6.  Property  exempt   from   taxation.  17.     The  making  of  profit. 

7.  Other  exemptions  void.  |       20.     Moneys  not  to  be  misapplied. 

Section  1.  The  taxing  power. — The  taxing  power  may  be 
exercised  by  the  General  Assembly  for  state  purposes,  and  by 
counties  and  other  municipal  corporations,  under  authority 
granted  to  them  by  the  General  Assembly,  for  county  and  other 
corporate  purposes. 

Sec.  2.  Power  to  tax  corporations. — The  power  to  tax  cor- 
porations and  corporate  property  shall  not  be  surrendered  or  sus- 
pended by  act  of  the  General  Assembly. 

Sec.  3.  Taxes  may  be  levied. — Taxes  may  be  levied  and  col- 
lected for  public  purposes  only.  They  shall  be  uniform  upon  the 
same  class  of  subjects  within  the  territorial  limits  of  the  authority 
levying  the  tax,  and  all  taxes  shall  be  levied  and  collected  by  gen- 
eral laws. 

Sec.  4.  Property,  how  taxed. — All  property  subject  to  taxa- 
tion shall  be  taxed  in  proportion  to  its  value. 

Sec.  5.  Railroad  corporations,  how  taxed. — All  railroad  cor- 
porations in  this  state,  or  doing  business  therein,  shall  be  subject 
to  taxation  for  state,  county,  school,  municipal  and  other  pur- 
poses, on  the  real  and  personal  property  owned  or  used  by  them, 
and  on  their  gross  earnings,  their  net  earnings,  their  franchises 
and  their  capital  stock. 

Sec.  6.     Property  exempt  from  taxation.— The  property,  real 


10  CONSTITUTION. 

and  personal  of  the  state,  counties  and  other  municipal  corpora- 
tions, and  cemeteries,  shall  be  exempt  from  taxation.  Lots  in  in- 
corporated cities  or  towns,  or  within  one  mile  of  the  limits  of  any 
such  city  or  town,  to  the  extent  of  one  acre,  and  lots  one  mile  or 
more  distant  from  such  cities  or  towns,  to  the  extent  of  five  acres, 
with  the  buildings  thereon,  may  be  exempted  from  taxation,  when 
the  same  are  used  exclusively  for  religious  worship,  for  schools, 
or  for  purposes  purely  charitable ;  also  such  property,  real  or  per- 
sonal, as  may  be  used  exclusively  for  agricultural  or  horticultural 
societies ;  provided,  that  such  exemptions  shall  be  only  by  general 
hiw. 

Sec.  7.  Other  exemptions  void. — All  laws  exempting  prop- 
erty from  taxation  other  than  the  property  above  enumerated 
shall  be  void. 

Sec.  9.  Cities  liable  for  state  taxes. — No  county,  city,  town 
or  other  municipal  corporation,  nor  the  inhabitants  thereof,  nor 
the  property  therein,  shall  be  released  or  discharged  from  their  or 
its  proportionate  share  of  taxes  to  be  levied  for  state  purposes, 
nor  shall  commutation  for  such  taxes  be  authorized  in  any  form 
whatsoever. 

Sec.  10.  Taxes,  how  assessed. — ^The  General  Assembly  shall 
not  impose  taxes  upon  counties,  cities,  towns  or  other  municipal 
corporations  or  upon  the  inhabitants  or  property  thereof,  for 
county,  city,  town  or  other  municipal  purposes,  but  may,  by  gen- 
eral laws,  vest  in  the  corporate  authorities  thereof  the  power  to 
assess  and  collect  taxes  for  such  purposes. 

Sec.  11.  Rate  and  valuation.— Taxes  for  county,  city,  town 
and  school  piiri)()ses  may  be  levied  on  all  subjects  and  objects  of 
taxation:  })ut  the  valuation  of  property  therefor  shall  not  exceed 
the  valuation  of  the  same  property  in  such  town,  city  or  school 
district  for  state  and  county  purposes.  *  *  *  For  city  and 
town  purposes  the  annual  rate  on  property  in  cities  and  towns 
having  thirty  thousand  inhabitants  or  more  shall  not,  in  the  aggre- 
gate, exceed  one  hundred  cents  on  the  hundred  dollars  valuation. 
*  *  *  For  school  purposes  in  districts  the  annual  rate  on  prop- 
erty shall  not  exceed  forty  cents  on  the  hundred  dollars  valuation ; 
Provided,  the  aforesaid  annual  rates  for  school  purposes  may  be 


CONSTITUTION.  11 

increased  in  districts  formed  of  cities  and  towns  to  an  amount  not 
to  exceed  one  dollar  on  the  hundred  dollars  valuation,  and  in 
other  districts  to  an  amount  not  to  exceed  sixty-five  cents  on  the 
hundred  dollars  valuation,  on  the  condition  that  a  majority  of  the 
voters  who  are  taxpayers  voting  at  an  election  held  to  decide  the 
question  vote  for  said  increase.  For  the  purpose  of  erecting  pub- 
lic buildings  in  counties,  cities  or  school  districts  the  rates  of  tax- 
ation herein  limited  may  be  increased  when  the  rate  of  such  in- 
crease and  the  purpose  for  which  it  is  intended  shall  have  been 
submitted  to  a  vote  of  the  people,  and  two-thirds  of  the  qualified 
voters  of  such  county,  city  or  school  district  voting  at  such  elec- 
tion shall  vote  therefor.  The  rate  herein  allowed  to  each  county 
shall  be  ascertained  by  the  amount  of  taxable  property  therein, 
according  to  the  last  assessment  for  state  and  county  purposes, 
and  the  rate  allowed  to  each  city  or  town  by  the  number  of  inhab- 
itants, according  to  the  last  census  taken  under  the  authority  of 
the  state,  or  of  the  United  States ;  said  restrictions  as  to  rates  shall 
apply  to  taxes  of  every  kind  and  description,  whether  general  or 
special,  except  taxes  to  pay  valid  indebtedness  now  existing,  or 
bonds  which  may  be  issued  in  renewal  of  such  indebtedness. 

Sec.  12.     Not  to  become  indebted  in  excess  of  revenue. — No 

county,  city,  town,  township,  school  district  or  other  polit- 
ical corporation  or  subdivision  of  the  state  shall  be  allowed  to 
become  indebted  in  any  manner  or  for  any  purpose  to  an  amount 
exceeding  in  any  year  the  income  and  revenue  provided  for  such 
year  without  the  assent  of  two-thirds  of  the  voters  thereof  voting 
at  an  election  to  be  held  for  that  purpose ;  nor  in  cases  requiring 
such  assent  shall  any  indebtedness  be  allowed  to  be  incurred  to  an 
amount  including  existing  indebtedness,  in  the  aggregate,  exceed- 
ing five  per  centum  on  the  value  of  the  taxable  property  therein, 
to  be  ascertained  by  the  assessment  next  before  the  last  assess- 
ment for  state  and  county  purposes,  previous  to  the  incurring 
of  such  indebtedness ;  Provided,  that  with  such  assent  any  county 
may  be  allowed  to  become  indebted  to  a  larger  amount  for  the 
erection  of  a  court  house  or  jail.  And  provided  further,  that  any 
county,  city,  town,  township,  school  district,  or  other  political 
corporation  or  subdivision  of  the  state,  incurring  any  indebted- 
ness, requiring  the  assent  of  the  voters  as  aforesaid,  shall,  before 
or  at  the  time  of  doing  so,  provide  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls 


12  CONSTITUTION. 

due,  and  also  to  constitute  a  sinking  fund  for  payment  of  the 
principal  thereof,  within  twenty  years  from  the  time  of  contract- 
ing the  same. 

Sec.  13.  Private  property. — Private  property  shall  not  be 
taken  or  sold  for  the  payment  of  the  corporate  debt  of  a  municipal 
corporation. 

Sec.  17.  The  making  of  profit. — The  making  of  profit  out  of 
state,  county,  city,  town  or  school  district  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  by  any  public  officer, 
shall  be  deemed  a  felony,  and  shall  be  punished  as  provided  by 
hiw. 

Sec.  20.  Moneys  not  to  be  misapplied. — The  moneys  arising 
from  any  h)an,  debt  or  liability,  contracted  by  the  state  or  any 
county,  city,  towij  or  other  municipal  corporation,  shall  be  applied 
to  the  purposes  for  which  they  were  obtained,  or  to  the  payment 
of  such  debt  oi-  liability,  and  not  otherwise. 


ARTICLE     XI. 

EDUCATION. 

Section    11.     Funds   not   to  be   used   for   sec  tarian  purposes. 

Sec.  11.     Funds  not  to  be  used  for  sectarian  purposes. — 

Neither  the  general  assembly,  nor  any  county,  city,  town,  town- 
sliip,  school  district  or  other  municipal  corporation,  shall  ever 
make  an  appropriation  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  religious  creed,  church  or  sectarian  pur- 
pose, or  to  help  support  or  sustain  any  private  or  public  school, 
academy,  seminary,  college,  university  or  other  institution  of 
learning  controlled  by  any  religious  creed,  church  or  sectarian 
denomination  whatever;  nor  shall  any  grant  or  donation  of  per- 
sonal property  or  real  estate  ever  be  made  by  the  state  or  any 
county,  city,  town  or  other  municipal  corporation,  for  any  relig- 
ious creed,  church  or  sectarian  purpose  whatever. 


CONSTITUTION. 


13 


ARTICLE    XIV 


MISCELLANEOUS  PROVISIONS. 


Section 

5.  Tenure   of   officers. 

6.  Oath  of  office. 


Section 

7.  Removal  from  office. 

8.  The  compeiLsation  or  fees. 


Sec.  5.  Tenure  of  office. — In  the  absence  of  contrary  provis- 
ion, all  officers  now  or  hereafter  elected  or  appointed,  subject  to 
the  right  of  resignation,  shall  hold  office  during  their  official  terms, 
and  until  their  successors  shall  be  duly  elected  or  appointed  and 
qualified. 

Sec.  6.  Oath  of  office. — All  officers,  both  civil  and  military, 
under  the  authority  of  this  state,  shall,  before  entering  on  the 
duties  of  their  respective  offices,  take  and  subscribe  an  oath,  or 
affirmation,  to  support  the  constitution  of  the  United  States,  and 
of  this  state,  and  to  demean  themselves  faithfully  in  office. 

Sec.  7.  Removal  from  office. — The  general  assembly  shall, 
in  addition  to  other  penalties,  provide  for  the  removal  from  office 
of  county,  city,  town  and  township  officers,  on  conviction  of  wil- 
ful, corrupt  or  fraudulent  violation  or  neglect  of  official  duty. 

Sec.  8.  Compensation  or  fees. — The  compensation  or  fees 
of  no  state,  county  or  municipal  officer  shall  be  increased  during 
his  term  of  office ;  nor  shall  the  term  of  any  office  be  extended  fo^ 
a  longer  period  than  that  for  which  such  officer  was  elected  o]' 
appointed. 


CHARTER. 

ORGANIZATION  AND  CLASSIFICATION  OF  CITIES. 


ARTICLE     I 


Section  I  Section 

1.     Second   class.  I       4.     Second    city   not   to   be    incorpor- 


2.  City  may  elect  to  become  a  city 

of  the  class,  etc. 

3.  Vested  rights  preserved. 


ated. 
Census  may  be   taken,   when. 


Section.  1.  Of  the  second  class. — All  cities  and  towns  in  tl>is 
state  containing  thirty  and  less  than  one  hundred  thousand  in- 
habitants, shall  be  cities  of  the  second  class.  [R.  S.  1899,  Sec. 
5253].     (a) 

Sec.  2.  City  may  elect  to  become  a  city  of  the  class,  etc. — 
Any  city  or  town  in  this  state,  existing  by  virtue  of  the  present 
general  law,  or  by  any  local  or  special  law,  may  elect  to  become  a 
city  of  the  class  to  which  its  population  would  entitle  it  under 
the  provisions  of  this  article  by  passing  an  ordinance  or  proposi- 
tion, and  submitting  the  same  to  the  legal  voters  of  such  city  or 
town,  at  an  election  to  be  held  for  that  purpose,  not  less  than 
twenty  nor  more  than  thirty  days  after  the  passage  of  such  or- 
dinance or  proposition ;  and  if  a  majority  of  such  voters,  voting 
at  such  election,  shall  ratify  such  ordinance  or  proposition,  the 
mayor  or  chief  officer  of  such  city  or  town  shall  issue  his  procla- 
mation declaring  the  result  of  such  election,  and  thereafter  such 
city  or  town  shall,  by  virtue  of  such  vote,  be  incorporated  under 
the  provisions  of  the  general  law  provided  for  the  government  of 
the  class  to  which  such  city  belongs,  which  class  shall  be  deter- 
mined by  the  last  census  taken,  whether  state  or  national.  *  * 
*     *     fR.  S.  1899,  Sec.  5257]. 

(a)   Murnane  v.  City  of  St.  Louis,  123  Mo.  479.     151  Mo.  4G5. 


ART.  I.  ORGANIZATION  AND  CLASSIFICATION.  15 

Sec.  3.  Vested  rights  preserved. — All  rights  and  property 
of  every  Ivind  and  description,  which  were  vested  in  any  city 
under  its  former  organization,  shall  be  deemed  and  held  to  be 
vested  in  such  city  upon  its  becoming  reorganized  as  provided  in 
the  preceding  section ;  but  no  rights  or  liabilities,  either  in  favor 
or  against  such  city,  existing  at  the  time  of  so  becoming  reorgan- 
ized, and  no  suit  or  prosecution  of  any  kind  shall  be  affected 
by  such  change,  but  the  same  shall  stand  and  progress  as  if  no 
change  had  been  made.      [R.  S.  1899,  Sec.  5258]. 

Sec.  4.  Second  city  not  to  be  incorporated. — No  city,  town 
or  village  shall  be  organized  within  this  state  under  and  by  virtue 
of  any  law  thereof,  adjacent  to  or  within  two  miles  of  the  limits 
of  any  city  of  the  first,  second  or  third  class,  or  a  city  having 
a  population  sufficient  to  become  a  city  of  the  first,  second  or 
third  class,  unless  such  city,  town  or  village  be  in  a  dift'erent 
county  from  such  city.      [R.  S.  1899,  Sec.  5261].     (b) 

Sec.  5.  May  cause  census  to  be  taken,  when. — Any  city, 
town  or  village  within  this  state,  now  incorporated  under  the 
provisions  of  this  chapter,  or  under  any  special  or  local  law,  as 
a  village,  town  or  city  either  of  the  second,  third  or  fourth  classes, 
as  classified  in  said  chapter,  and  in  which  the  citizens  thereof 
desire  incorporation  as  a  village,  town  or  city  of  a  higher  class, 
and  believe  that  since  the  taking  of  the  last  census,  state  or 
national,  there  has  been  sufficient  increase  in  population  to  entitle 
it  to  such  desired  incorporation,  may,  by  authority  of  an  ordin- 
ance, and  at  the  expense  of  such  village,  town  or  city,  cause  to 
be  taken  a  census  of  its  population,  and  should  such  census,  when 
so  taken,  show  that  the  village,  town  or  city  taking  the  same 
has  the  requisite  population  to  entitle  it  to  the  right  to  become 
incorporated  as  a  village,  town  or  city  of  a  higher  class,  then  such 
village,  town  or  city  may  proceed  to  secure  such  incorporation 
as  its  population  may  then  entitle  it  to,  under  and  by  authority  of 
the  provisions  of  this  chapter;  Provided,  that  cities  or  towns  that 
have  permitted  their  organization  to  become  dormant  or  ineffec- 
tive, through  a  failure  to  elect  corporate  officers,  or  levy  a  cor- 
porate tax  for  the  two  years  immediately  preceding,  may,  by  a 

(b)  A  city  already  organized  is  not  prohibited  by  this  section  from  ex- 
tending its  limits  to  within  two  miles  of  a  city  of  one  of  these  classes: 
Warren  v.  The  Barber  Paving  Co.,  115  Mo.  572. 


16  CHARTER. 

petition  of  the  majority  of  the  tax  payers  of  such  city  or  town, 
to  the  county  court,  have  an  enumeration  taken  and  be  assigned 
to  its  proper  class ;  and  thereupon  the  county  court  shall  appoint 
the  proper  officers  for  such  city  or  town,  who  shall  hold  their 
office  until  the  next  annual  election  thereafter  and  until  their 
successors  are  elected  and  qualified.     [R.  S.  1899,  Sec.  5262] . 


ART.  II. 


CORPORATE  POWERS. 


17 


ARTICLE     II. 


CORPORATE  POWERS.— ENLARGEMENT  OF  CITY  LIMITS.- 


CREATION  OF  WARDS. 


Section 

1.  Powers    of    city;    effect    of    reor- 

ganization. 

2.  Courts     take     judicial     notice     of 

city  and  class. 

3.  Wards  of  city,  how  changed. 

4.  Same. 

5.  Annexed    territory    to    be    organ- 

ized   into    new   ward. 


Section 

6.  Wards  not  to  be  changed,   when. 

7.  To  be  of  adjacent   territory,   and 

numbered. 

8.  Election  of  aldermen,  when. 

9.  Aldermen    to    fill    out    term    for 

which  elected. 


Section  1.  Powers  of  city;  effect  of  reorganization. — Any 
city  of  the  second  class  in  this  state  may  become  a  body  corporate 
under  the  provisions  of  this  article,  in  the  manner  provided  by 

law,  under  the  name  and  style  of  the  city  of ;  and  by 

that  name  shall  have  perpetual  succession ;  may  sue  and  be  sued> 
plead  and  be  impleaded,  defend  and  be  defended  in  all  courts  of 
law  and  equity,  and  in  all  actions  whatsoever;  may  purchase, 
receive  and  hold  property,  real  and  personal,  within  such  city, 
and  beyond  the  limits  of  such  city,  to  be  used  for  the  burial  of 
the  dead  of  such  city ;  for  the  erection  of  water  works  to  supply 
the  city  with  water;  for  the  establishment  and  erection  of  gas 
works  to  supply  the  city  with  light;  for  the  establishment  of  a 
hospital  or  hospitals  for  the  reception  of  persons  infected  with 
contagious  or  other  diseases;  for  a  poor  house  or  poor  houses, 
work  house,  house  of  correction,  or  for  any  other  purposes ;  may 
sell,  lease  or  otherwise  dispose  of  any  property  for  the  benefit 
of  the  city ;  may  receive  bequests,  gifts  and  donations,  of  all  kinds 
of  property  within  or  without  the  city,  in  fee  simple  or  in  trust 
for  charitable  or  other  purposes,  and  do  all  acts  necessary  to 
carry  out  the  purposes  of  such  bequests,  gifts  and  donations 
with  power  to  manage,  sell  or  lease  or  otherwise  dispose  of  the 
same ;  and  may  have  and  use  a  common  seal,  and  may  break, 
change  or  alter  the  same  at  pleasure ;  and  all  courts  of  this  state 
shall  take  judicial  notice  of  such  reorganization.  The  jurisdic- 
tion of  any  city  which  shall  be  reorganized  under  this  article 
shall  not  in  anywise  be  affected  or  changed  in  consequence  of 


18  CHARTER. 

such  reorganization,  but  such  limits,  wards  and  boundaries  shall 
remain  after  such  change  or  organization  the  same  as  at  the  time 
of  such  reorganization  under  this  article ;  and  all  laws  or  parts 
of  laws  or  ordinances,  not  inconsistent  with  the  provisions  of 
this  article,  which  were  operative  in  such  city  prior  to  its  re- 
organization, shall  continue  to  be  in  force  until  repealed  or  other- 
wise changed  by  ordinance.     [R.  S.  1899,  Sec.  5489]. 

Sec.  2.  Courts  take  judicial  notice  of  city  and  class. — When 
any  city  or  town  existing  by  virtue  of  the  general  law  of  the 
state,  or  by  a  local  or  special  act,  may  elect  to  become  a  city  of 
the  second  class,  or  any  city  of  the  second  class  shall  be  incor- 
porated according  to  law,  all  courts  of  the  state  shall  take  judicial 
notice  of  the  fact  of  the  city  being  a  city  of  the  second  class, 
and  of  all  steps  taken  to  make  it  such,  and  of  the  corporate 
limits  thereof.     [R.  S.  1899,  Sec.  5517]. 

Sec.  3.  Wards  of  city,  how  changed. — "Whenever  the  cor- 
porate limits  of  any  city  of  the  second  class  shall  be  altered  or 
extended,  and  whenever  the  population  of  any  such  city,  or  of 
any  ward  or  wards  thereof,  has  been  or  may  be  so  increased  or 
diminished  as  to  render,  in  the  opinion  of  the  common  council, 
a  division  or  redistricting  of  the  corporation  into  wards,  or. a 
change  in  the  boundary  of  any  ward  or  wards  necessary,  the 
same  may  be  done  by  ordinance  at  some  regular  meeting  of  the 
common  council.     [R.  S.  1899  Sec.  5510]. 

Sec.  4.  Same. — Upon  any  ordinance  for  such  purpose  being 
introduced  into  the  common  council,  the  latter  shall,  before  final 
passage  thereof,  by  resolution,  require  the  city  clerk  to  publish 
a  copj^  of  the  ordinance  in  at  least  one  daily  newspaper  pub- 
lished in  the  city,  to  be  designated  in  the  resolution,  for  at  least 
three  weeks  within  the  four  weeks  next  after  the  passage  of 
such  resolution.  After  such  publication,  proof  thereof  shall  be 
made  and  filed  with  the  city  clerk,  and  if  the  common  council 
sliiili  b(!  satisfied  that  such  publication  has  been  made,  it  shall 
by  a  vote  so  find,  and  the  city  clerk  shall  make  a  record  of  such 
finding  in  the  book  for  record  of  the  current  proceedings  of  the 
common  council,  which  record  shall  be  conclusive  evidence  of 
the  truth  of  the  fact  so  found.  If  such  ordinance  be  passed  by 
the  common  council  at  the  first  or  second  regular  meeting  after 


ART,  11.  CORPORATE  POWERS.  19 

such  publication  and  finding,  and  not  later,  and  duly  approved 
by  the  mayor,  the  same  shall  thereafter  be  in  force  until  repealed 
or  altered.  Any  such  ordinance  shall  be  subject  to  amendment 
before  such  publication  thereof,  but  not  later.  [R.  S.  1899,  Sec. 
5511]. 

Sec.  5.  Annexed  territory  to  be  organized  into  new  ward. 
— When  territory  is  annexed  to  any  city  of  the  second  class, 
pursuant  to  subdivision  number  XLIII  of  section  5508,  the  com- 
mon council  shall,  by  ordinance,  organize  the  same  into  a  new 
ward  or  wards,  or  attach  the  same  to  some  existing  ward  or  wards, 
long  enough  before  the  next  ensuing  general  city  election  to 
enable  electors  in  such  annexed  territory  to  register,  and  all 
other  proper  steps  to  be  taken  according  to  law,  so  that  elec- 
tors of  such  annexed  territory  may  have  full  opportunity  to 
register  and  vote  at  such  election.  Actual  residents  of  any  ter- 
ritory at  the  time  of  the  annexation  thereof  to  any  city  of  the 
second  class  according  to  this  article  shall,  if  otherwise  quali- 
fied and  duly  registered,  be  qualified  electors  or  voters  of  the 
city,  and  be  eligible  to  any  office  therein  at  the  next  general 
city  election  following  such  annexation.  In  case  of  redistricting 
or  division  of  the  city  into  wards,  creation  of  any  new  ward  or 
wards,  or  change  of  boundary  in  any  ward  or  wards,  every  quali- 
fied elector  or  voter  residing  in  any  ward  at  any  general  city 
election  next  thereafter  shall,  if  otherwise  qualified  and  duly 
registered,  be  a  qualified  voter  of  the  city,  and  be  eligible  to 
any  office  therein.      [R.  S.   1899,  Sec.  5512].  , 

Sec.  6.  Wards  not  to  be  changed,  when. — Territory  shall 
not  be  annexed  to  any  such  city  within  four  months  next  pre- 
ceding any  general  city  election,  nor  shall  there  be  a  redistricting 
or  division  of  the  city  into  wards  or  change  of  boundaries  of  any 
ward  or  wards,  or  creation  of  any  new  ward  or  wards,  within 
two  months  next  preceding  any  general  election.  [R.  S.  1899, 
Sec.  5513]. 

Sec.  7.  To  be  of  adjacent  territory  and  numbered. — All 
wards  which  may  be  hereafter  established  shall  be  composed  of 
adjacent  and  compact  territory,  and  the  several  wards  at  the 
time  of  redistricting  shall  contain  as  nearly  an  equal  number 
of  inhabitants  as  may  be  practicable.     The  wards  shall  be  num- 


20  CHARTER. 

bered  consecutively  from  one  up  to  the  highest  number  thus 
established.     [R.  S.  1899,  See.  5514]. 

Sec,  8.  Election  of  aldermen,  when. — Whenever  any  change 
in  the  number  of  any  ward,  or  alteration  in  the  boundaries  of 
any  ward  shall  be  made,  or  new  ward  shall  be  established,  there 
shall  be  no  election  of  aldermen  in  such  wards  until  the  next 
regular  election  for  corporation  officers.     [R.  S.  1899,  Sec.  5515] . 

Sec.  9.    Aldermen   to   fill   out   term   for   w^hich   elected. — 

Nothing  herein  contained  shall  be  construed  to  limit  or  abridge 
the  term  of  office  which  any  alderman  may  be  elected  to  fill,  but 
every  alderman  shall  be  deemed  and  taken  to  be,  for  the  residue 
of  the  term  for  which  he  may  have  been  elected,  an  alderman  of 
that  ward  in  which  his  actual  residence  and  place  of  abode  may 
be,  at  and  after  any  division  of  the  city  into  wards,  or  creation 
of  any  new  wards,  or  change  in  the  boundaries  of  any  ward  or 
wards.     [R.  S.  1899,  Sec.  5516]. 


ART.  III. 


COMMON  COUNCIL. 


21 


ARTICLE  III. 


COMMON  COUNCIL. 


Section 


I  Section 


Common  council,  how  composed  and 

elected — tenure  of  office. 
Salary  of  membsrs. 
Qualifications  of  president  and  coun- 

cilmen. 
Ordinances— style  of— how  passed. 
Salaries  of  city  officers,  to  be  fixed  by 

common  council. 
City  clerk  to  attend  council  meetings 

and  keep  record. 
Ordinances,  how  revised  or  amended. 
Quorum. 
Power  to  make  rules,  etc. 


10. 


U. 


15. 


Journal  to  be  kept— vote,  how  taken 
—  reconsideration  —  signature  of 
president. 

Officers  and  members  not  to  hold  any 
state  or  city  office,  or  be  employed 
bv  city  during  term. 

Vacancies,  how  filled. 

Bills  to  be  presented  to  mayor — veto 
— reconsideration  by  council. 

President  of  council  to  exercise  du- 
ties of  mayor  and  receive  compen- 
sation of,  when. 

Attendance  of  witnesses. 


Sectiox  1.  Common  council,  how  composed  and  elected 
• — tenure  of  office. — The  legislative  power  of  all  cities  of  the  second 
class  shall  be  vested  in  a  municipal  assembly,  to  be  known  as  the 

"common  council  of  the  city  of ,"  which 

shall  consist  of  as  many  members  as  there  are  wards  in  the  city, 
one  to  be  elected  from  each  ward  by  the  qualified  voters  of  the 
city  at  large  for  a  term  of  four  years  and  until  their  respective 
successors  are  elected  and  qualified,  and  a  president  of  the  com- 
mon council  who  shall  also  be  elected  by  the  qualified  voters  of 
the  city  at  large  for  a  term  of  four  years  and  until  his  successor 
shall  be  elected  and  qualified,  excepting  as  hereinafter  provided. 
In  all  cities  hereafter  becoming  cities  of  the  second  class,  at  the 
first  election  of  councilmen  if  held  on  the  first  Tuesday  in  April 
of  any  even  numbered  year,  there  shall  be  elected  a  president  of 
the  common  council  for  a  term  of  four  years  as  hereinbefore  pro- 
vided, and  a  member  of  the  common  council  from,  each  even  num-i 
bered  ward  for  a  term  of  four  years  and  until  their  respective 
successors  shall  be  elected  and  qualified,  and  from  each  odd 
numbered  ward  a  member  for  a  term  of  two  years  and  until  their 
respective  successors  shall  be  elected  and  qualified,  and  thereafter 
all  members  shall  be  elected  for  a  term  of  four  years  and  until 
their   respective  successors   shall   be   elected   and   qualified.     If 


22  CHARTER. 

such  election  shall  not  be  held  on  the  first  Tuesday  of  an  even 
numbered  year,  the  president  of  the  common  council  and  all 
members  shall  hold  their  offices  until  the  first  Tuesday  in  April 
of  the  next  succeeding  even  numbered  year,  and  until  their  re- 
spective successors  are  elected  and  qualified;  and  at  the  election 
held  on  the  first  Tuesday  in  such  even  numbered  year,  the  pres- 
ident of  the  common  council  and  members  of  the  council  shall  bo 
elected  as  hereinbefore  provided  when  such  first  election  is  held 
on  the  first  Tuesday  in  April  in  an  even  numbered  year.  In  all 
cities  now  organized  and  acting  as  cities  of  the  second  class,  the 
members  of  the  municipal  assembly  as  now  constituted  shall  act 
as  one  body  and  constitute  the  common  council,  until  the  city 
election  to  be  held  in  the  year  1904,  at  which  election  there  shall 
be  elected  such  number  of  councilmen  as  shall  in  addition  to  thQ 
number  of  those  whose  term  of  office  does  not  expire  at  that  date 
shall  equal  the  Avhole  number  of  wards  in  the  city,  who  shall  hold 
their  office  for  two  years,  and  until  their  respective  successors 
shall  be  elected  and  cpialified,  such  members  to  be  so  chosen  that 
no  tAvo  shall  reside  in  the  same  w^ard;  at  the  city  election  in  1906 
as  many  members  shall  be  elected  as  there  are  wards 
in  the  city;  those  elected  from  the  even  numbered  wards 
for  a  term  of  four  years,  and  until  their  respective 
successors  are  elected  and  fpialified,  and  those  elected  from  tho 
odd  numbered  wards  for  a  term  of  two  years  and  until  their  re- 
spective successors  are  elected  and  qualified,  and  thereafter  all 
members  'shall  be  elected  for  a  term  of  four  years  and  until 
their  respective  successors  shall  be  elected  and  qualified.  Until 
said  annual  election  in  1904  the  present  presiding  officer  of  tho 
council  as  now  constituted  shall  be  president  of  the  common  coun- 
cil, hereby  created  without  any  extra  compensation  therefor.  At 
said  election  to  be  held  in  such  cities  in  the  year  1904  and  every 
four  (4)  years  thereafter,  there  shall  be  elected  by  the  qualified 
voters  of  the  city  at  large,  a  president  of  the  common  council,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified.  In  each  and  all  of  the  elections 
of  couiicilmen  provided  for  by  this  section  the  candidate  residing 
in  any  Avard  who  shall  receive  a  gi'eater  number  of  votes  through- 
out the  city  than  any  other  candidate  residing  in  such  ward  shall 
be  elected  :  llic  intention  being  that  the  candidates  residing  in  the 
same  ward  shall  be  treated  as  opposing  candidates,  and  the  ono 
receiving  the  highest  number  of  votes  throughout  the  city  shall 


ART.  III.  COMMON  COUNCIL.  23 

sit  for  that  ward.  The  president  so  to  be  elected  shall  preside 
over  all  meetings  of  the  common  council,  but  shall  have  no  vote 
except  in  cases  of  tie,  in  which  ease  he  shall  cast  the  deciding 
vote.  In  case  of  his  absence  or  sickness  the  common  council  may 
elect  a  president  pro  tem.,  who,  for  the  time,  shall  exercise  all  the 
rights  and  powers  and  perform  all  the  duties  devolving  upon  the 
president.  During  the  absence  of  the  mayor  from  the  city  or  dis- 
ability on  account  of  sickness  to  perform  the  duties  of  his  office, 
such  duties  shall  be  performed  by  the  president  of  the  council. 
Such  common  council  shall  hold  a  meeting  on  the  third  (3rd) 
Monday  in  April  in  each  year  and  thereafter  on  the  first  (1st) 
Monday  of  each  and  every  month  in  the  year,  which  meeting 
shall  be  known  as  the  "regular  monthly  meeting,"  and  the  com- 
mon council  may,  on  motion,  by  a  two-thirds  (2-3)  vote  of  all  the 
members  elect,  adjourn  to  meet  at  a  date  and  hour  to  be  named  in 
the  motion,  and  at  such  adjourned  meeting  all  unfinished  business 
must  first  be  transacted.  The  mayor  may  be  proclamation  con- 
vene the  common  council  in  special  session,  at  which  no  business 
shall  be  transacted,  except  such  as  may  have  been  especially 
named  in  the  proclamation  of  the  mayor.  (Laws  of  1903,  page 
69].     (a) 

Sec.  2.  Salary  of  members. — Each  member  of  the  common 
council  and  the  president  thereof  shall  be  entitled  to  receive  for 
his  services  the  sum  of  four  dollars  ($4.00)  per  day  for  each  day's 
service  as  a  member  of  such  common  council,  but  shall  be  allowed 
no  extra  pay  for  serving  on  any  committee,  agency  or  commission 
whatever,  and  in  no  case  shall  the  aggregate  sum  paid  to  any 
member  for  his  services  exceed  the  sum  of  two  hundred  dollars 
(.$200.00)  per  annum.      [Laws  of  1903,  page  70.] 

Sec.  3.  Qualifications  of  president  and  councilmen. — No  per- 
son shall  be  eligible  to  serve  as  president  or  as  a  member  of  the 
common  council  until  he  shall  have  resided  in  the  city  for  at  least 

(a)  Common  council  is  a  miniature  general  assembly,  and  its  valid  ordi- 
nances within  the  city  have  the  force  of  laws  passed  by  the  legisla- 
ture: State  ex  rel.  v.  Walbridge,  119  Mo.  393;  State  ex  rel.  v.  Brown, 
57  App.  199;  Forry  v.  Ridge,  56  App.  615;  Taylor  v.  Carondelet,  22 
Mo.  105;  St.  Louis  v.  Foster,  52  Mo.  513. 

Charter  bears  same  relation  to  ordinances  as  constitution  does  to  stat- 
utes: Exparte  Joffee,  46  App.  360;  Ruggles  v.  Collier,  43  Mo.  353; 
Quinette  v.  St.  Louis,  76  Mo.  40^;  Verdin  v.  St.  Louis,  131  Mo.  26,  per 
Sherwood,  J. 


24  CHARTER. 

three  (3)  years  prior  to  his  election,  and  shall  have  paid  therein 
city  taxes  for  at  lefist  three  (3)  years  befor*  his  election,  nor  un- 
less he  is  at  least  21  years  of  age,  a  citizen  of  the  United  States 
and  a  qualified  voter  of  the  city  and  not  in  arrears  in  the  payment 
of  any  taxes  or  any  other  liability  to  such  city,  nor  directly  or  in- 
directly interested  as  a  partner  or  in  any  other  way  himself  or 
with  any  other  person  in  any  contract  with  the  city  for  any  pub- 
lic work,  or  for  furnishing  any  supplies  for  the  city  or  its  insti- 
tutions, or  as  a  stockholder  in  any  corporation  which  may  be  so 
interested,  and  upon  his  becoming  so  interested  his  office  shall  at 
once  be  forfeited.  Neither  the  president  or  any  member  of  the 
common  council  shall  take  his  seat  until  he  shall  take  and  sub- 
scribe an  oath  to  support  the  constitution  of  the  United  States  and 
of  this  state,  and  the  provisions  of  law  governing  cities  of  the  sec- 
ond class,  and  that  he  will  faithfully  discharge  the  duties  of  his 
office,  and  that  he  possesses  all  the  qualifications  required,  and  is 
not  subject  to  any  of  the  disqualifications  herein  contained.  If 
the  president  or  any  member  of  the  common  council  ceases  to 
possess  any  of  the  qualifications  herein  required  he  shall  be 
deemed  thereby  to  have  vacated  his  office.  [Laws  of  1903,  page 
70].     (b) 

Sec.  4.  Ordinances — style  of — how  passed. — The  style  of 
ordinances  of  cities  of  the  second  class  shall  be,  "Be  it  ordained 
by  the  common  council  of  the  city  of  ,  as  fol- 
lows. ' '  No  ordinances  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  amended  in  its  passage  so  as  to  change  its  original  pur- 
pose, and  no  bill  shall  be  considered  for  final  passage  unless  the 
same  has  been  referred  to  and  reported  upon  by  a  committee.  All 
bills  making  monthly  general  appropriations,  tax  levy  and  gen- 
eral apportionment  ordinances  shall  be  read  on  two  different  days 
before  the  bill  shall  be  passed.  All  other  bills  shall  be  read  once, 
referred  to  a  committee,  which  shall  report  thereon,  and  no  final 
vote  shall  be  taken  on  the  passage  thereof  until  the  expiration  of 
at  least  tAventy  (20)  days  from  the  time  that  such  bill  was  first 
introduced  in  the  common  council.  No  bills,  except  general  ap- 
propriation bills,  shall  contain  more  than  one  subject,  which  shall 
be  clearly  set  forth  in  its  title.  No  bill  shall  become  an  ordinance 
unless  on  its  final  passage  a  majority  of  all  the  members  vote  in  ics 

(b)  Qualification   that  member  shaii  have  paid  taxes:     State  ex  rel.  v. 
Macklin,  41  App.  335. 


ART.  III.  COMMON  COUNCIL.  25 

favor,  and  the  vote  shall  be  taken  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  same  shall  be 
entered  on  the  journal,  and  no  bill  not  passed  in  conformity  with 
the  foregoing  requirements  shall  be  valid,  but  shall  be  absolutely 
void  and  of  no  legal  effect  whatever.  [Laws  of  1903,  page 
71].     (c) 

Sec.  5.  Salaries  of  city  officers,  to  be  fixed  by  common  coun- 
cil.— The  common  council  shall  at  least  as  early  as  their  regular 
monthly  meeting  in  March  next  before  the  election  or  appointment 
of  any  officers,  fix  the  salary  and  fees  of  such  officers  for  the  term 
of  office  of  such  officers  so  to  be  elected  or  appointed,  which  sal- 
ary or  fee  shall  not  be  increased  or  diminished  during  the  term  of 
such  officer.     [Laws  of  1903,  page  71] . 

Sec.  6.  City  clerk  to  attend  council  meetings  and  keep  rec- 
ord.— City  clerk  shall  attend  all  meetings  of  the  common  coun- 
cil and  keep  a  journal  and  a  record  of  all  proceedings  thereof. 
[Laws  of  1903,  page  71]. 

Sec.  7.  Ordinances  how  revised  or  amended. — No  ordinance 
shall  be  revised  or  re-enacted  by  mere  reference  to  the  title  there- 
of, but  the  same  shall  be  set  forth  at  full  length  and  no  ordinance 
shall  be  amended  by  providing  that  designated  words  thereof  be 
stricken  out,  or  that  designated  words  be  inserted,  or  that  desig- 
nated words  be  stricken  out  and  others  be  inserted  in  lieu  thereof, 
but  the  ordinance  or  section  amended  shall  be  set  forth  in  full  as 
amended.     [Laws  of  1903,  page  71]. 

Sec.  8.  Quorum. — A  majority  of  the  members  elect  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  a  smaller 
number  may  adjourn  from  time  to  time  and  may  compel  the  at- 
tendance of  the  absent  members  in  such  manner  and  under  such 
penalties  as  it  may  prescribe.     [Laws  of  1903,  page  71]. 

Sec.  9.     Power  to  make  rules,  etc. — The  common  council  shall 

(c)  Whether  ordaining  clause  directory  or  mandatory:  City  of  St.  Louis 
V.  Foster,  52  Mo.  513;  City  of  Tarkio  v.  Coolc,  120  Mo.  8. 

The  circuit  court  has  no  authority  to  entertain  a  suit  to  restrain  the  mu- 
nicipal assembly  of  a  city  from  the  passage  of  an  ordinance:  Al- 
bright V.  Fisher,  164  Mo.  56,  overruling  State  ex  rel.  v.  Meier,  143  Mo. 
439. 


26  CHARTER. 

determine  the  rules  for  its  OAvn  proceedings,  punish  its  members 
for  disorderly  behavior,  and  with  the  concurrence  of  two-thirds 
of  all  the  members  elected  expel  a  member  for  malfeasance  in  of- 
fice or  disoz'derly  conduct,  and  its  sessions  shall  be  held  publicly 
in  the  city  hall.      [Laws  of  1903,  page  71], 

Skc.  10.  Journal  to  be  kept — vote,  how  taken — reconsidera- 
tion— signature  of  president. — The  common  council  shall  keep  a 
journal  of  its  pi'oceediugs  and  the  yeas  and  nays  of  the  members 
on  any  question,  shall,  at  the  desire  of  any  member,  be  taken  and 
entered  therein,  giving  the  names  of  the  members  so  voting,  and 
the  yeas  and  nays  shall  be  recorded  on  the  final  passage  of  all 
ordinances,  and  no  vote  upon  any  matter  submitted  to  vote  shall 
be  by  secret  ballot,  but  all  votes  shall  be  by  a  viva  voce  vote,  or 
upon  call  of  the  yeas  and  nays.  When  a  bill  on  a  vote  fails  to 
pass  and  a  motion  is  made  to  reconsider  the  vote  by  which  it  was 
defeated  a  vote  upon  such  motion  to  reconsider  shall  immediately 
be  taken  and  the  subject  finally  disposed  of  before  the  council  pro^ 
ceeds  to  any  other  business.  No  bill  shall  become  an  ordinance 
until  the  same  shall  have  been  signed  by  the  president  of  the 
council  in  open  session,  and  before  such  officer  shall  affix  his  sig- 
nature to  any  bill  he  shall  suspend  all  other  business,  declare  that 
such  bill  will  now  be  read,  and  if  no  objections  be  made  he  will 
sign  it  to  the  end  that  it  may  be  an  ordinance.  The  bill  shall  then 
be  read  at  length,  and  if  no  objections  be  made  he  shall,  in  the 
presence  of  the  council,  in  open  session,  and  before  any  other  bus- 
iness is  entertained,  affix  his  signature  thereto,  which  fact  shall 
be  noted  on  the  journal,  and  such  bill  so  attested  shall  at  once  be 
sent  to  the  mayor  for  his  action  thereon.  If  any  member  when 
any  bill  is  announced  for  signature  shall  object,  that  any  omission, 
substitution  or  insertion  has  been  made  in. said  bill  since  it  was 
voted  upon  by  the  council,  such  objection  shall  be  passed  upon 
by  the  council,  and  if  sustained  by  the  president  shall  withhold 
his  signature  therefrom.     [Law^s  1903,  page  71]. 

i^Kc.  11.  Officers  and  members  not  to  hold  any  state  or  city 
ofiice,  or  be  employed  by  city  during  term. — No  officer  or  member 
of  the  council  shall,  during  the  term  for  which  he  is  elected,  hold 
any  office,  under  the  state  or  city,  or  shall  any  member  be  era- 
ployed  by  the  city  in  any  other  capacity  whatever.,  [Laws  of 
1903,  page  72] . 


ART.  III.  COMMON  COUNCIL.  27 

Sec.  12.  Vacancies,  how  filled.— All  vacancies  shall  be  filled 
by  election  by  the  people,  provided  if  any  vacancy  occurs  within 
six  months  prior  to  the  annual  city  election  the  same  shall  be  filled 
by  appointment  by  the  mayor.  If  any  member  remove  from  the 
ward  in  which  he  resides  when  elected  into  any  other  ward,  or  if 
any  member  shall  remove  outside  of  the  city  he  shall  thereby  va- 
cate his  office.      [Laws  of  1903,  page  72].     (d) 

Sec.  13.  Bills  to  be  presented  to  mayor — veto — reconsidera- 
tion by  council,  etc. — Every  bill  which  shall  have  been  passed  by 
the  common  council  and  properly  certified  shall,  before  it  becomes 
a  law,  be  presented  to  the  mayor  for  his  approval.  If  he  approves 
the  bill  he  shall  sign  it ;  if  not,  he  shall  return  it  within  ten  days 
to  the  council,  stating  his  objections  thereto.  If  the  bill  contains 
several  items  of  appropriation  he  msiy  approve  any  of  them  and 
object  to  any  other  of  the  items,  and  in  such  case  he  shall  append 
to  the  ordinance  at  the  time  of  signing  it  a  statement  of  the  items 
to  which  he  objects,  and  the  appropriation  so  objected  to  shall  not 
take  efi:'ect.  He  shall  transmit  to  the  council  a  copy  of  such  state- 
ment, and  the  items  objected  to  shall  be  separately  considered. 
Every  bill  presented  to  the  mayor,  but  returned  without  his  ap- 
proval and  with  his  objections  thereto  shall  stand  as  reconsidered, 
and  the  objections  of  the  mayor  shall  be  entered  at  large  upon 
the  journal,  and  the  question  shall  then  be  put  (shall  the  bill  pass, 
the  objections  of  the  mayor  thereto  notwithstanding?)  the  vote 
on  this  question  shall  be  taken  by  yeas  and  nays  and  the  names 
shall  be  entered  upon  the  journal,  and  if  two-thirds  of  all  the 
members  elected  to  the  common  council  voting  the  affirmative,  the 
president  shall  certify  that  fact  on  the  bill,  attesting  the  same  by 
his  signature,  and  every  bill  so  passed  shall  become  an  ordinance 
in  the  same  manner  and  with  like  effect  as  if  it  had  been  ap- 
proved by  the  mayor,  and  if  the  mayor  does  not  deposit  with  the 
clerk  of  the  council  any  bill  which  may  have  been  presented  to 
him  for  his  action  within  ten  days  after  such  biU  has  been  pre- 
sented to  him  it  shall  become  an  ordinance  with  the  same  effect 
as  if  the  mayor  had  approved  and  signed  it.  [Laws  of  1903,  page 
72]. 

Sec.  11.     President  of  council  to  exercise  duties  of  mayor  and 

(d)  What  constitutes  removal  from  ward  or  city:     State  ex  rel.  v.  Dayton, 
77  Mo.  678;  State  ex  rel  v.  Banta,  75  App.  32. 


28  CHARTER. 

receive  compensation  of,  when. — The  president  of  the  common 
council  shall  exercise  the  duties  and  receive  the  compensation 
of  the  mayor  whenever  and  so  long  as  from  any  cause  the  mayor 
shall  be  absent  from  the  city,  or  from  any  cause  the  office  of  the 
mayor  shall  become  vacant,  and  during  such  time  the  mayor  shall 
not  be  paid  any  salary.     [Law  of  1903,  page  73]. 

Sec.  15.  Attendance  of  witnesses. — The  council  shall  have 
power  to  compel  the  attendance  of  witnesses,  and  the  production 
of  papers  relating  to  any  subject  under  consideration,  and  in 
which  the  interest  of  the  city  is  involved  ;  and  shall  have  power  to 
call  upon  the  proper  officers  of  the  city  or  county  in  which  such 
city  is  located,  to  execute  such  process.  The  president  of  the 
council  and  the  chairman  of  every  committee  thereof  shall  have 
power  to  administer  oaths.      [R.  S.  1899,  Sec.  5509]. 


ART.  IV. 


POWERS  OF  MAYOR  AND  COUNCIL. 


29 


ARTICLE    IV. 


GENERAL  POWERS  OF  MAYOR  AND  COMMON  COUNCIL. 


Section 

1.  Power  and  duties  of  the  mayor 

and   council. 

2.  Cities    may   provide    for   inspec- 

tion   of   animals    intended    for 
food. 

3.  Cities  shall  have  power  to  regu- 

late milk  dairies,  etc. 

4.  Gravel    and    macadamized    pub- 

lic    roads,     cities     may     con- 
struct,  etc. 

5.  Municipal    authorities    of   towns, 

etc.,   may  work   roads,   etc. 

6.  May  prohibit  sale  of  cigarettes, 

and     cigarette     wrappers     to 
minors. 


Section 
7.     May 
etc. 


10. 

11. 
12. 
13. 


work    prisoners    on    street, 


No  authority  to  tax  professions. 

City  cannot  impose  license  tax, 
etc.,  unless  power  be  con- 
ferred by  statute. 

Produce  cannot  be  taxed  by 
city,  when. 

Appropriations,  when  made,  etc. 

Limit  on  appropriations. 

Tax  for  sinking  fund. 


Section  1.     Power  and  duties  of  the  mayor  and  council. — 

The  mayor  and  common  council  shall  have  power  within  the  city, 
by  ordinance,  not  inconsistent  with  the  constitution  or  any  law  of 
this  state,  or  of  this  article:     (a) 

I.  To  prevent  obstructions  in  rivers,  etc. — To  remove  and 
prevent  all  obstructions  in  the  rivers  within  such  city,  and  to 
widen,  straighten  or  deepen  the  same ;  to  improve  and  preserve 
the  navigation  thereof,  and  to  erect,  repair  and  regulate  wharves 
and  docks,  and  regulate  the  rates  of  wharfage  within  the  limits  of 
the  city. 


II.  May  levy  taxes — may  borrow  money,  when. — To  assess, 
levy  and  collect  all  taxes  for  general  and  special  purposes  on  all 
real  and  personal  property  and  licenses,  and,  when  the  revenues 

(a)  Municipal  corporations  can  exercise  only  such  powers  as  are  (1)  ex- 
pressly granted,  (2)  necessarily  or  fairly  implied,  (3)  essential  to  its 
declared  objects  and  purposes:  Nevada  to  use  v.  Eddy,  123  Mo.  546; 
St.  Louis  v.  Bell  Telephone  Co.,  96  Mo.  623;  St.  Louis  v.  Laughlin,  49 
Mo.  562;   Water  Company  v.  City  of  Aurora,  129  Mo.  540. 

Powers  conferred  by  this  section  must  be  exercised  "by  ordinance:" 
Trenton  v.  Coyle,  107  Mo.  193;  Bichenlaub  v.  City  of  St.  Joseph,  113 
Mo.  402;  Saxton  v.  City  of  St.  Joseph,  60  Mo.  153;  Thompson  v.  City 
of  Boonville,  61  Mo.  282;  Hisey  v.  City  of  Charleston,  62  App.  381; 
Westport  V.  Mastin,  62  App.  647. 


30  CHARTER. 

of  the  city  at  the  beginning  of  any  fiscal  year,  collected  and  in 
the  treasury  unappropriated,  shall  not  be  sufficient  to  defray  the 
ordinary  expenses  of  the  city  government  until  the  revenues  can 
be  collected,  as  provided  by  law,  for  such  year,  to  borrow,  within 
the  first  thirty  days  of  such  year,  any  sum  or  sums  not  exceeding 
in  the  aggregate  twenty-five  per  centum  of  the  revenue  provided 
for  the  current  fiscal  year  for  a  period  not  exceeding  ninety  days 
at  a  rate  of  interest  not  exceeding  eight  per  centum  per  annum, 
for  which  loan  or  loans  the  obligations  of  the  city  shall  be  given 
in  such  manner  as  shall  be  prescribed  by  ordinance ;  and  said  loan 
or  loans  shall  be  repaid  out  of  the  first  revenues  collected  upon  the 
tax  levy  for  such  fiscal  year,  and  until  so  repaid,  and  a  written  cer- 
tificate of  that  fact  shall  have  been  filed  by  the  comptroller  with 
the  city  clerk  no  city  warrant  or  warrants,  except  for  the  dis- 
bursement of  the  money  so  borrowed,  and  except  for  the  payment 
of  said  loan  or  loans  and  interest  on  the  bonded  debt  of  the  city 
shall  be  issued  for  any  purpose  whatever ;  and  if  any  warrant  or 
warrants  are  issued  in  violation  hereof  they  shall  be  void,  and  any 
warrant  drawn  in  violation  hereof  shall  render  the  official  who 
shall  have  drawn  or  signed  the  same,  and  the  treasurer  who  shall 
have  paid  the  same,  each  liable,  personally  and  upon  his  official 
bond,  for  the  full  amount  of  such  warrants ;  the  money  so  bor- 
rowed shall  be  deposited  in  the  treasury  and  be  appropriated  and 
disbursed  for  the  ordinary  and  necessary  expenses  of  the  city 
government,  and  for  no  other  purpose  whatsoever:  Provided, 
that  in  estimating  the  income  and  revenue  of  the  city  for  the  pur- 
pose of  limiting  such  loan,  the  same  shall  be  ascertained  from  the 
city  assessment  for  the  previous  fiscal  year:  Provided,  further, 
bonds  may  be  issued  as  provided  in  the  constitution  in  the  renewal 
of  outstanding  bonds  when  for  want  of  funds  the  city  is  unable 
to  pay  such  outstanding  bonds. 

III.  Limitation  of  taxation. — To  levy  and  collect  a  general 
tax  of  not  exceeding  one  per  centum  for  each  fiscal  year  upon  all 
property  in  the  city  liable  to  taxation  for  state  purposes,  and  not 
by  general  law  exempt  from  municipal  taxation.  The  fiscal  year 
shall  commence  on  the  third  Monday  in  April  of  each  year. 

IV.  Poll  tax. — To  levy  and  collect  a  poll  tax,  not  exceeding 
one  dollar  and  fifty  cents  for  every  year,  and  upon  all  male  per- 
sons, residents  of  the  city,  over  the  age  of  twenty-one  years  and 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  3 1 

under  sixty,  which  tax  shall  be  appropriated  to  the  improvement 
of  the  streets  within  the  limits  of  the  city,  and  to  no  other  pur- 
pose. All  residents  of  the  city  shall  be  exempt  from  working  on 
public  roads  or  highways  beyond  the  city  limits,  nor  shall  they  be 
compelled  to  pay  any  tax  for  keeping  the  same  in  repair,     (b) 

V.  Tax  for  payment  of  bonds. — The  mayor  and  common 
council  shall,  also,  each  fiscal  year,  by  ordinance,  levy  and  cause 
to  be  collected  a  tax  upon  real  and  personal  property,  taxable  by 
lav/  for  state  purposes,  within  said  city,  and  not  by  general  law 
exempt  from  municipal  taxation,  sufficient  for  the  payment  of  the 
amount  which  may  be  certified  to  them  by  the  comptroller,  to  be 
raised  by  taxation  for  the  payment  of  bonds  and  coupons  matur- 
ing during  the  fiscal  year. 

VI.  To  appropriate  money,  etc. — To  appropriate  money  and 
to  provide  for  the  payment  of  the  debts  and  expenses  of  the  city. 

VII.  Power  as  to  franchises,  etc. — To  regulate  and  control 
the  use  of  all  rights,  franchises  and  privileges  granted  by  it,  and  is 
prohibited  from  releasing  or  surrendering  such  power. 

VIII.  To  establish  streets,  etc. — To  establish,  open,  vacate, 
alter,  widen,  extend,  pave  or  otherwise  improve,  and  sprinkle  all 
streets,  avenues,  sidewalks,  alleys,  wharves  and  public  grounds 
and  squares,  and  provide  for  the  payment  of  the  costs  and  ex- 
penses thereof  in  the  manner  in  this  article  prescribed ;  and  also 
to  provide  for  grading,  lighting,  cleaning  and  repairing  the  same, 
and  to  condemn  private  property  for  public  uses,  as  provided  for 
in  this  article;  to  establish  and  maintain  water  works  for  fully 
supplying  the  city  with  wholesome  water,  and  to  distribute  the 
same  for  public  and  private  uses  in  such  manner  and  upon  such 
such  terms  as  shall  be  provided  by  ordinance;  to  establish  and 
maintain  a  sanitary  system  and  a  fire  department. 

IX.  To  erect  city  hall,  workhouses,  etc. — To  erect,  purchase 
or  rent  a  city  hall,  workhouses,  houses  of  correction,  poor  houses, 

(b)  A  requirement  for  the  levy  of  a  poll  tax  on  every  male  resident^  of 
legal  age  but  exempting  persons  voting  at  a  general  election  discrim- 
inates between  subjects  of  legislation  in  the  same  class,  and  is  there- 
fore in  violation  of  article  X,  section  3,  of  the  constitution:  Kansas 
City  V.  Whipple,  136  Mo.  475. 


32  CHARTER. 

insane  asylums,  engine  houses,  and  all  other  necessary  municipal 
buildings ;  sell,  lease,  abolish  or  otherwise  dispose  of  the  same,  and 
to  inclose,  improve,  regulate  or  sell  all  parks  and  other  public 
grounds  belonging  to  the  city. 

X.  Ordinances  to  secure  health,  etc. — The  mayor  and  com- 
mon council  shall  have  power  to  make  regulations,  by  ordinance, 
to  secure  the  general  health  of  the  inhabitants  of  the  city  by  any 
measure  to  regulate,  suppress  or  abate,  within  the  limits  of  the 
city,  slaughter  horuses,  slaughtering  animals,  soap  factories,  stock 
yards,  pig  pens,  cow  stables  and  dairies,  coal  oil  and  vitriol  fac- 
tories, and  to  remove  the  same ;  and  to  regulate  or  prevent  the  car- 
rying on  of  any  business  which  may  be  dangerous  or  detrimental 
to  the  public  health,  or  the  manufacture  or  vending  of  articles  ob- 
noxious to  the  health  of  the  inhabitants ;  to  define  what  shall  be 
deemed  nuisances,  to  prevent,  abate  and  remove  nuisances  on  pub- 
lic or  private  property  in  a  summary  manner  at  the  cost  of  the 
occupant  or  owner  of  the  premises  where  the  nuisance  or  cause 
thereof  may  be  :  Provided,  that  the  same  was  caused  by  the  occu- 
pant or  owner  of  the  premises  or  his  or  their  agent,  and  all  cost 
and  expenses  incurred  by  the  city  in  removing  or  abating  any 
nuisance  on  any  private  property  within  the  city  limits  shall  be 
assessed  against  the  occupant  or  owner,  if  caused  by  them  or 
either  of  them  or  their  agent,  and  the  same  shall  be  assessed  as  a 
special  tax  bill  against  such  private  property,  which  shall  be  a 
special  lien  against  such  property  in  same  manner  and  with  same 
effect  that  special  tax  bills  are  for  paving,  etc. ;  provided,  how- 
ever, that  same  is  caused  by  the  owner  of  the  property  or  his  con- 
sent is  given  thereto,  and  may  punish  any  person  or  persons  who 
create,  maintain  or  refuse  to  abate  a  nuisance  by  fine  and  impris- 
onment; and  to  create  a  board  of  health,  to  consist  of  three  mem- 
bers, who  shall  hold  office  for  one  year,  and  perform  such  duties 
and  have  such  powers  as  may  be  prescribed  by  ordinance ;  such 
board  may  be  composed  of  members  of  common  council,  same  as 
committees  of  council ;  to  make  regulations  to  prevent  the  intro- 
duftior  of  contagious  diseases  into  the  city;  to  make  quarantine 
laws  for  that  purpose,  and  to  enforce  them  within  the  city  and 
within  two  miles  thereof;  to  prevent,  abate  and  remove  nuisances 
within  one  mile  of  the  city  limits,     (c) 

(c)  The  police  power  of  the  state  which  it  possesses  for  the  protection 
of  the  lives,  limbs,  health,  comfort  and  quiet  of  all  persons,  and  the 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  33 

XI.  To  provide  water,  etc.— To  provide  the  city  with  water ; 
to  make,  regulate  and  establish  public  avcUs,  pumps  and  cisterns, 
hydrants  and  reservoirs,  in  or  under  the  streets  within  the  city,  or 
beyond  the  limits  thereof,  for  the  extinguishment  of  fires  and  the 
convenience  of  the  inhabitants,  and  to  prevent  unnecessary  waste 
of  water. 


XII.  Exclusive  control  of  streets,  etc. — To  have  exclusive 
control  and  power  over  the  streets,  sidewalks,  alleys,  landings, 
public  grounds  and  highways  of  the  city;  to  open,  alter,  Aviden, 
extend,  establish,  grade,  pave  or  otherwise  improve,  clean  and 
keep  in  repair  the  same ;  to  prevent  and  remove  all  encroach- 
ments thereon  or  obstructions  thereof;  to  put  drains  and  sewers 
in  the  same,  and  to  regulate  the  building  of  vaults  under  side- 
walks,    (d) 

XIII.  To  erect  bridges,  etc. — To  establish,  erect  and  keep  in 
repair  bridges,  culverts  and  sewers,  and  to  regulate  the  use  of  the 
same ;  to  establish,  alter  and  change  the  channel  of  water  courses, 
and  to  wall  them  up  and  cover  them  over. 

protection  of  all  property,  within  the  state,  may  be  delegated  to  a 
municipal  corporation,  and  need  not  be  given  in  express  terms: 
Jackson  v.  Kansas  City,  Fort  Scott  &  Memphis  R.  Co.,  157  Mo.  621. 

(d)  A  municipality,  having  power  over  its  streets  must  exercise  it  for 
the  general  public  and  cannot  grant  a  railway,  etc.,  such  use  of  a 
street  as  will  destroy  its  public  usefulness:  Burnes  v.  City  of  St. 
Joseph,  91  App.  489;  Julia  Bldg.  Ass'n.  v.  Bell  Tel  Co.,  88  Mo.  495; 
Lockwood  V.  Wabash  Ry.  Co.,  122  Mo.  86;  Sherlock  v.  K.  C.  Belt  Ry. 
Co.,  142  Mo.  172;    State  ex  rel.  v.  St.  Louis,  161  Mo.  371. 

City  required  to  keep  the  whole  of  its  sidewalks  in  a  reasonably  safe 
condition  for  travel:  Coins  v.  Moberly,  127  Mo.  116;  State  ex  rel.  v. 
County  Court,  142  Mo.  583. 

City  not  bound  to  improve  streets  and  alleys  before  needed  for  public 
use  nor  to  keep  them  safe  before  they  are  used  by  the  public:  Hun- 
ter V.  Weston,  111  Mo.  176;  Kossman  v.  St.  Louis,  153  Mo.  293;  Fock- 
ler  V.  Kansas  City,  94  App.  464. 

Jurisdiction  over  streets  must  be  exercised  by  ordinance:  Stewart  v. 
City  of  Clinton,  79  Mo.  603. 

Cannot  lawfully  accumulate  surface  water  in  drains  and  discharge  upon 
adjacent  lands:  Rychlicki  v.  St.  Louis,  98  Mo.  497;  Paddock  v.  Somes, 
102  Mo.  238;  Carson  v.  City  of  Springfield,  53  App.  294;  Cannon  v. 
City  of  St.  Joseph,  67  App.  367. 

Liability  for  neglect  to  keep  sewer  in  repair:  Woods  v.  Kansas  City,  58 
App.  272;  Fuchs  v.  St.  Louis,  167  Mo.  620. 

Liability  for  snow  and  ice  accumulated  on  sidewalk:     Waters  v.  Kansas 
City,  94  App.  413;   Reedy  v.  St.  Louis  Brewing  Ass'n.,  161   Mo.  523; 
Reno  V.  City  of  St.  Joseph,  169  Mo.  642. 
3 


34  CHARTER. 

XIV.  May  regulate  lighting-  streets,  etc. — To  provide  for  the 
lighting  of  the  streets,  parlvs,  public  phiees  and  city  buildings 
within  and  of  the  city,  and  for  the  erecting  of  all  lamps,  posts  or 
other  fixtures  necessary  therefor,  and  to  regulate,  by  ordinance, 
the  price,  quality  and  lighting  power  of  each  lamp  or  light  fur- 
nished to  the  city,  or  the  inhabitants  thereof,  by  any  corporation, 
person  or  persons. 

XV.  Market  houses,  etc. — To  provide  for  the  erection  of 
market  houses  and  all  needful  buildings  for  the  use  of  the  city; 
to  provide  for  the  government  and  regulation  of  markets,  market 
places  and  meat  shops,  and  the  amount  of  license  to  be  paid 
therefor. 

XVI.  Hospitals,  etc. — To  establish,  erect  and  maintain  hos- 
pitals and  make  regulations  for  the  government  thereof. 

XVII.  To  license,  tax  and  regulate,  etc. — To  license,  tax  and 
regulate  undertakers,  auctioneers,  merchants,  grocers,  retailers, 
second-hand  dealers,  junk-dealers,  hotels,  boarding  houses,  tene- 
ment houses,  oifice  buildings,  public  buildings,  public  halls,  pub- 
lic grounds,  concerts,  photographists,  artists,  agents,  porters,  run- 
ners, drummers,  public  lecturers,  public  meetings  and  shows,  real 
estate  agents  and  brokers,  financial  agents  and  brokers,  horse  and 
cattle  dealers,  patent  right  dealers,  inspectors  and  gangers,  stock 
yard  proprietors,  examiners  of  titles,  conveyancers,  abstracters, 
mercantile  agents,  insurance  companies  and  insurance  agents, 
bankers,  banking  or  other  corporations  or  institutions,  telegraph 
companies  or  corporations,  street  railroad  cars,  livery  and  sale  sta- 
bles, hackney  carriages,  private  carriages,  barouches,  buggies, 
wagons,  omnibuses,  carts,  drays  and  other  vehicles,  and  all  other 
businesses,  trades  and  avocations  whatever;  to  fix  the  rates  for 
carriage  of    persons,  and  of  wagonage,  drayage  and  cartage  of 

Necessary  to  show  either  that  city  had  actual  notice  of  defect  or  lapse 
of  sufficient  time  after  the  defect  happens  for  notice  to  be  pre- 
sumed: Francke  v.  St.  Louis,  110  Mo.  51G;  Maws  v.  Citv  of  Spring- 
field, 101  Mo.  G13;  Atchison,  T.  &  S.  Ry.  Co.  v.  Kavanaugh,  163  Mo. 
54;  Reno  v.  City  of  St.  Joseph,  169  Mo.  642. 

Not  liable  for  hidden  defects  in  streets  and  sidewalks  unless  actual  knowl- 
edge thereof  is  shown:     Buckley  v.  Kansas  City,  150  Mo.  10. 

City  liable  for  slippery  condition  of  sidewalk  caused  by  accumulation  of 
mud  thereon:  Milledge  v.  Kansas  City,  100  App.  490;  Strange  v.  City 
of  St.  Joseph,  87  S.  W.  Rep.  2. 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  35 

property,  and  to  regulate  the  width  of  tires  of  all  vehicles  for 
heavy  transportation ;  to  license,  regulate,  tax  or  suppress  ordina- 
ries, hawkers,  peddlers,  pawnbrokers,  brokers,  money  changers, 
intelligence  offices,  public  masquerade  balls,  street  exhibitions, 
dance  houses,  fortune  tellers,  pistol  galleries,  lottery  ticket  dealers, 
corn  doctors,  private  and  venereal  hospitals,  museums,  and  menag" 
eries,  equestrian  performances,  horoscopic  views, lungtesters,  mus- 
cle developers,  magnifying  glasses,  billiard  tables  or  any  other  ta- 
bles or  instruments  used  for  amusement ;  circuses,  operatic,  theatri" 
cal  and  other  exhibitions,  shows  and  amusements,  saloons,  tippling 
houses,  dramshops  and  gift  enterprises ;  and  to  suppress  prize 
fights,  coon  fights,  dog  fights,  chicken  cock  fights,  gaming  or  gam- 
bling houses,  and  to  suppress  bawdy  and  disorderly  houses,  houses 
of  ill-fame  and  assignation,  to  provide  for  and  enforce  the  regis- 
tration of  births,  marriages  or  deaths ;  to  license,  tax,  regulate 
or  suppress  all  occupations  and  trades  not  heretofore  enumerated, 
of  whatever  name  or  character,  not  nerein  excluded,     (e) 

XVIII.  To  license  haclonen,  etc. — To  license,  tax  and  regu- 
late hackmen,  draymen,  omnibuses  and  abstracters  of  titles,  and 
to  license  and  restrain  runners  for  steamboats,  cars,  stages  and 
public  houses. 

XIX.  To  regulate  ferries. — To  have  exclusive  power  to 
license  ferries  and  to  regulate  the  same,  and  the  landing  thereof 
within  the  limits  of  the  city. 

XX.  To  authorize  issue  of  licenses,  etc. — To  authorize  the 
proper  officers  of  the  city  to  grant  and  issue  licenses,  and  to  direct 
the  manner  of  issuing  and  regulating  the  same,  and  the  fees  and 
charges  to   be  paid  therefor.     No   license  shall  be   granted  for 

(e)  The  words  "to  license"  may  imply  the  power  to  tax;  but  see:  St. 
iwharles  v.  Eisner,  155  Mo.  671. 

A  city  cannot  impose  upon  a  principal  indirectly,  by  requiring  an  agent 
to  take  out  a  license  tax  which  it  could  not  lawfully  impose  upon  the 
principal  directly:     Independence  v.  Cleveland,  167  Mo.  384. 

A  municipal  corporation  cannot  by  definition  of  terms  in  an  ordinance, 
enlarge  its  powers;  and  the  meaning  of  the  terms  "wholesale  dealer" 
and  "manufacturer"  will  remain  a  question  for  the  courts:  Kansas 
City  V.  Butt,  88  App,  237;  Kansas  City  v.  Ferd  Heim  Brewing  Com- 
pany, 98  App.  590. 

Rule  of  Ejusdem  generis  in  construction  of  concluding  clause:  St.  Louis 
V.  Herthel,  88  Mo.  128;  St.  Joseph  v.  Porter,  29  App.  605;  St.  Louis  v 
Bowler,  94  Mo.  630;  St.  Joseph  v.  Lung,  93  App.  626. 


36  CHARTER. 

more  than  one  year,  and  not  less  than  two  dollars  and  fifty  cents 
shall  be  charged  for  any  license  under  this  article,  except  that 
licenses  for  wagons,  carriages,  bicycles  and  other  vehicles  may  be 
issued  for  not  less  than  one  dollar,  and  the  fees  for  issuing  the 
same  shall  not  exceed  one  dollar;  but  no  license  for  the  sale  of 
wines  or  other  liquors,  ardent,  vinous  or  spirituous,  at  retail,  shall 
be  issued  for  less  than  seven  hundred  and  fifty  dollars  per  an- 
num ;  the  sum  provided  by  law  shall  be  for  state,  forty-eight  per 
cent  for  county,  and  the  remainder  for  municipal  purposes. 

XXI.  To  regulate  dramshops. — To  have  exclusive  power  to 
restrain,  regulate,  license,  tax  or  suppress  dramshops.  All  crim- 
inal courts  shall  have  original  and  concurrent  jurisdiction  for  the 
trial  of  offenses  arising  out  of  any  violation  of  the  laws  in  relation 
to  dramshops. 

XXII.  To  regulate  inspection  of  meats,  etc. — To  regulate 
the  inspection  and  vending  of  flesh,  meats,  poultry  and  vegetables, 
of  butter,  lard  and  other  provisions,  and  the  place  and  manner  of 
selling  fish  and  inspecting  the  same. 

XXIII.  To  cause  weights  and  measures  to  be  tested  and 
sealed. — To  require  all  traders  or  dealers  in  merchandise  or  prop- 
erty of  any  description  which  is  sold  by  measure  or  weight,  and  all 
common  carriers  using  weights  and  measures,  to  cause  their 
weights  or  measures  to  be  tested  and  sealed  by  the  proper  officer, 
and  to  be  subject  to  his  inspection.  The  standard  of  such  weights 
and  measures  shall  conform  to  those  established  by  law.      (f) 

XXIV.  To  provide  for  measuring  wood,  etc. — To  regulate 
and  provide  for  inspecting  and  measuring  of  fire  wood,  lumber, 
shingles,  timber,  posts,  staves,  headings  and  all  kinds  of  building 
materials,  and  for  measuring  all  kinds  of  mechanical  work,  and  to 
appoint  one  or  more  measurers  and  inspectors  therefor,  and  to 
make  provisions  for  the  inspection  of  steam  boilers,  and  all  steam 
heating  apparatus,  and  to  license  engineers  using  steam  boilers  in 
said  city. 

(f)  An  ordinance  regulating  weights,  an  exercise  of  police  power:  City 
of  Lamar  v.  Weidman,  .57  App.  507. 

An  ordinance  may  require  coal  dealers  to  furnish  customers  official  certi- 
ficate of  weight,  and  may  charge  a  reasonable  fee  for  such  certifi- 
cate:    Coal  Co.  V.  ^t.  Louis,  130  Mo.  323. 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  37 

XXV.  To  provide  for  weighing  hay,  etc.— To  provide  ex- 
clusively for  the  inspection  and  weighing  of  hay,  lime,  stonecoal, 
charcoal  and  all  kinds  of  coal  used  for  fuel  or  for  heating  pur- 
poses, and  the  places  and  the  manner  of  weighing  the  same. 

XXVI.  To  regulate  inspection  of  beef,  etc. — To  regulate  tne 
inspection  of  beef,  pork,  flour,  meal  and  other  povisions,  whiskey 
and  other  liquors  to  be  sold  in  barrels,  hogsheads,  and  other  ves- 
sels or  packages;  to  appoint  weighers,  gaugers  and  inspectors, 
and  to  prescribe  their  duties  and  regulate  their  fees :  Provided, 
that  nothing  herein  shall  be  so  construed  as  to  require  the  inspec- 
tion of  any  articles  enumerated  herein  which  are  to  be  shipped  be- 
yond the  limits  of  this  state,  except  at  the  request  of  the  owner 
thereof  or  his  agent. 

XXVII.  To  regulate  quality  of  bread,  etc. — To  regulate  the 
weight  and  quality  of  bread  to  be  sold  or  used  in  the  city. 

XXVIII.  To  suppress  riot,  etc. — To  prevent  and  suppress 
any  riot,  rout,  affray,  noise,  disturbance  or  disorderly  assemblages 
in  any  public  or  private  place  within  the  city. 

XXIX.  To  suppress  horse  racing,  etc. — To  prevent,  prohibit 
and  suppress  horse  racing,  immoderate  riding  or  driving  within 
the  streets,  and  to  authorize  persons  immoderately  riding  or  driv- 
ing as  aforesaid  to  be  stopped  by  any  person ;  to  prohibit  and 
punish  the  abuse  of  animals;  to  compel  persons  to  fasten  their 
animals  attached  to  vehicles  while  standing  in  the  streets. 

XXX.  To  punish  vagrants,  etc. — To  restrain  and  punish 
vagrants,  mendicants,  street  beggars  and  prostitutes,  and  to  de- 
fine who  shall  be  considered  and  treated  as  vagrants. 

XXXI.  To  prohibit  animals  from  running  at  large.— To  pro- 
hibit the  running  at  large  of  cattle,  hogs  and  other  animals,  and 
to  authorize  the  impounding  and  sale  of  the  same  for  running  at 
large  contrary  to  ordinance. 

XXXII.  To  prohibit  dogs  from  running  at  large.— To  tax, 
regulate,  restrain  and  prohibit  the  running  at  large  of  dogs,  and  to 
authorize  their  destruction  when  at  large  contrary  to  ordinance, 
and  to  impose  penalties  on  the  owners  or  keepers  thereof. 


tli'inC'irz 


38  CHARTER. 

XXXIII.  To  prohibit  annoyances  on  streets. — To  prohibit 
the  rolling  of  hoops,  ilying  of  kites,  or  any  amusemeut  or  practice 
tending  to  annoy  persons  passing  on  the  streets  or  sidewalks,  or  to 
frighten  horses  or  teams ;  to  restrain  and  prohibit  the  ringing  of 
bells,  blowing  of  horns  or  bugles,  crying  of  goods,  and  all  other 
noises,  performances  and  practices  tending  to  the  collection  of 
persons  on  the  streets  and  sidewalks,  by  auctioneers  and  others, 
for  the  purpose  of  business,  amusemeut  or  otherwise. 

XXXIV.  Taking  enumeration. — To  provide  for  taking  an 
enumeration  of  the  inhabitants  of  the  city. 

XXXV.  To  establish  workhouses,  etc. — To  erect  and  estab- 
lish a  workhouse  or  house  of  correction,  make  all  necessary  regu- 
lations therefor,  and  appoint  all  necessary  keepers  or  assistants ; 
in  such  workhouse  or  house  of  correction  may  be  confined  all  va- 
grants, stragglers,  idlers  and  disorderly  persons  who  may  be  com- 
mitted thereto  by  the  proper  officer ;  and  all  persons  sentenced  by 
the  police  court  in  such  city  for  any  offense  cognizable  by  said 
court,  and  any  person  who  sh:ill  fail  or  neglect  to  pay  any  fine  or 
penalt}'  or  cost  imposed  for  any  misdemeanor  or  breach  of  any 
ordinance  of  the  city  may  be  kept  therein  subject  to  labor  on  the 
streets  or  other  places  of  confinement,     (g) 

XXXVI.  To  control  laying  railroad  tracks,  etc. — To  direct 
and  control  the  laying  and  construction  of  railroad  tracks, 
bridges,  turnouts  and  switches  in  the  streets  and  alleys,  and  the 
location  of  depot  grounds  within  the  city;  to  require  that  said 
railroad  tracks,  bridges,  turnouts  and  switches  shall  be  so  con- 
structed and  laid  as  to  interfere  as  little  as  possible  with  ordinary 
travel  and  the  use  of  the  streets  and  alleys,  and  that  sufficient 
space  shall  be  left  on  either  side  of  the  said  tracks  for  the  safe  and 
convenient  passage  of  teams  and  persons;  to  require  the  railroad 
companies  to  keep  in  repair  the  streets  or  alleys  through  which 
their  tracks  may  run,  and  to  light  the  same  ;  to  construct  and  keep 
in  repair  suitable  crossings  at  the  intersection  of  the  streets  and 
alleys,  ditches,  sewers  and  culverts ;  to  compel  railroad  companies 
to  construct  and  maintain  suitable  viaducts  at  crossings  of  streets 
and  alleys  when  deemed  necessary  for  public  convenience  or  safe- 

(g)  City  not  liable  for  negligent  act  of  superintendent  of  work  house, 
by  which  prisoner  is  injured:     Ulrich  v.  St.  Louis,  112  Mo.  138. 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  39 

ty,  and  to  erect  and  maintain  suitable  gates  at  railway  crossings 
of  streets  and  alleys ;  to  direct  the  use  and  regulate  the  speed  of 
locomotive  engines  within  the  limits  of  the  city;  to  prohibit  and 
restrain  railroad  companies  from  doing  storage  or  warehouse  bus- 
iness, or  from  collecting  pay  for  storage,     (h) 

XXXVII.  General  powers. — In  addition  to  the  powers  spec- 
ially enumerated  and  conferred  in  the  foregoing  provisions  of  this 
section  the  common  council  shall  have  further  power  to  pass,  pub- 
lish and  amend  and  repeal  all  ordinances,  all  rules  aud  police  reg- 
ulations, not  in  harmony  with  the  constitution  and  laws  of  the 
United  States  and  the  constitution  of  this  state,  and  necessary  for 
the  good  government,  peace  and  order  of  the  c  ity  and  trade  and 
commerce  thereof,  or  that  may  be  necessary  and  proper  for  carry- 
ing into  effect  the  provisions  of  this  article,  and  the  powers  vested 
thereby  in  the  corporation  or  any  department  or  office  thereof; 
to  enforce  the  observance  of  all  such  rules,  ordinances  and  police 
regulations,  and  to  punish  violations  thereof  by  lines,  penalties 
and  imprisonment  in  the  city  prison  or  workhouse,  or  both,  in  the 
discretion  of  the  court  before  whom  conviction  may  be  had ;  but 
no  fine  or  penalty  shall  exceed  five  hundred  dollars,  nor  imprison- 
ment to  exceed  six  months  for  any  violation  of  any  ordinance  of 
such  city;    and  such  fine  and  penalty  may  be  recovered,  with 

(h)  City  cannot  confer  on  railroad  company  exclusive  right  to  use  of 
street:  Railway  Co.  v.  Railway  Co.,  Ill  Mo.  666;  Grand  Av.  Ry.  Co. 
V.  People's  Ry.  Co.,  132  Mo.  34;  Grand  Av.  Ry.  Co.  v.  Citizens'  Ry.  Co., 
148  Mo.  672;  Ruckert  v.  Grand  Av.  Ry.  Co.,  163  Mo.  278. 

Laying  a  railroad  track  on  the  established  grade  of  a  street  under  legis- 
lative authority  and  operating  a  steam  railway  thereon  does  not  sub- 
ject the  street  to  a  public  use  different  from  that  contemplated  in  the 
original  grant:  Gaus  v.  Railroad,  113  Mo.  308;  Lockwood  v.  Wabash 
Ry.  Co.,  122  Mo.  97;  Ruckert  v.  Grand  Av.  Ry.  Co.,  163  Mo.  277.  But 
see  Knapp,  Stout  &  Co.  v.  Transfer  Ry.  Co.,  126  Mo.  38;  Sherlock  v. 
K.  C.  Belt  Ry.  Co.,  142  Mo.  182. 

Regulating  speed  of  trains:  Robertson  v.  Railroad,  84  Mo.  119;  Bluedorn 
V.  Mo.  Pac.  Ry.  Co.,  108  Mo.  439;  Ryan  v.  Dunlap,  111  Mo.  610;  Gra- 
tiot V.  Mo.  Pac.  Ry.  Co.,  116  Mo.  450 

The  failure  of  a  railroad  company  to  keep  a  flagman  at  a  street  crossing 
to  give  danger  signals,  as  required  by  ordinance,  is  negligence  per  se: 
Murray  v.  Mo.  Pac.  Ry.  Co.,  101  Mo.  236;  Wendler  v.  People's  House 
Furnishing  Co.,  165  Mo.  541. 

Cannot  grant  use  of  street  to  construct  railroad  for  private  business: 
Glaessner  v.  Anheuser-Busch  Brewing  Association  et  al.,  100  Mo.  508; 
State  ex  rel.  v.  City  of  St.  Louis,  161  Mo.  372. 

Right  conferred  to  lay  tracts  on  street,  is  to  lay  them  on  grade:  and  com- 
pany is  liable  to  propertv  owner  for  constructing  embankments  chang- 
ing grade:  Cross  v.  Railroad,  7/  Mo.  318;  Sherlock  v.  K.  C.  Belt  Ry. 
Co.,  142  Mo.  183;   Stephenson  v.  Mo.  Pac.  Ry.  Co.,  68  App.  648. 


40  CHARTER. 

costs,  by  suit  in  the  name  and  for  the  use  of  said  city  before  any 
court  of  competent  jurisdiction,  and  punishment  inflicted;  and 
any  person  upon  whom  any  fine  or  penalty  is  imposed  shall  stand 
committed  until  the  payment  of  the  same,  with  costs,  and,  on  de- 
fault thereof,  may  be  imprisoned  in  the  city  prison  or  workhouse, 
or  may  be  required  to  work  on  the  streets  or  public  works  of  the 
city  for  such  time  and  in  such  manner  as  may  be  prescribed  by 
ordinance:  Provided,  nothing  in  this  article  shall  be  construed 
as  interfering  with  or  changing  the  metropolitan  police  system 
as  now  established  by  law  in  any  city  of  the  second  class ;  and 
such  system  shall  be  maintained  until  changed  by  law.     (i) 

XXXVIII.  To  regulate  election  of  oScers,  etc. — To  regulate 
the  election  of  all  elective  officers,  and  provide  for  removing  from 
office  all  persons  holding  office  under  the  provisions  of  this  article, 
where  such  election  and  removal  is  not  otherwise  provided  for  by 
this  article. 

XXXIX.  To  provide  for  appointments,  etc. — To  provide  for 
the  appointment  of  all  officers,  servants  and  agents  of  the  corpora- 
tion not  otherwise  provided  for. 

XL.  Fees  of  jurors,  witnesses,  etc. — To  regulate  the  fees  of 
all  jurors,  witnesses  and  others  for  services  rendered  under  this 
article  or  under  any  ordinance. 

XLI.     To  cast  vote  of  the  city. — To  cast  the  vote  of  the  city 

(i)  An  ordinance  relating  to  construction  of  buildings  is  exercise  of 
police  power:  Eichenlaub  v.  St.  Joseph,  113  Mo.  395;  Harmon  v.  St. 
i^ouis,  137  Mo.  494. 

A  city  may  pass  ordinances  punishmg  as  crimes  acts  also  made  punish- 
aiile  by  indictment  under  the  laws  of  the  state:  State  ex  rel.  v.  Wal- 
bridge,  119  Mo.  383. 

May  prohibit  cruelty  to  animals:     St.  Louis  v.  Schoenbusch,  95  Mo.  618. 

May  by  ordinance  direct  the  filling  up  of  a  well  in  the  street  without  be- 
ing liable  in  damages  to  persons  constructing  it:  Ferrenbach  v. 
Turner,  86  Mo.   416. 

A  city  has  no  power  to  declare  that  to  be  a  nuisance  which  is  not  so  in 
fact:     St.  Louis  v.  Heitzeberg  Packing  Co.,  141  Mo.  375. 

Proceedings  for  a  violation  of  city  ordinances  are  civil  and  not  criminal 
in  their  nature:  City  of  Cassville  v.  Jimerson,  75  App.  42G;  Kansas 
City  V.  Dickey,  70  App.  437;    City  of  Monette  v.  Beaty,  79  App.  315. 

The  violation  of  a  city  ordinance  is  not  a  crime,  since  a  crime  is  an  act 
committed  in  violation  of  a  public  law:      State  v.  Gustin,  152  Mo.  108. 

May  compel  and  regulate  the  placing  of  electric  wires  under  ground: 
State  ex  rel.  v.  Murphy,  130  Mo.  10. 


ART.  IV.  POWERS  OP  MAYOR  AND  COUNCIL.  41 

in  all  elections  for  directors  or  other  officers  of  railroads  or  other 
corporations  in  which  said  city  shall  be  a  stock  holder. 

XLII.  Regulate  street  railroads,  etc. — To  have  the  sole  au- 
thority to  grant  the  right  to  any  person  or  persons,  corporations 
or  company,  to  make  and  construct  street  railroads  in  any  street 
in  said  city,  and  to  regulate  and  control  the  use  thereof  in  the 
manner  hereinafter  provided. 

XLIII.  To  extend  city  limits,  etc. — To  extend  its  limits, 
specifying  the  new  line  or  lines  to  which  the  limits  shall  be  ex- 
tended, and  the  limits  of  the  city,  including  the  territory  brought 
in.  All  courts  shall  take  judicial  notice  of  the  passage  and  ap- 
proval of  every  such  ordinance  and  the  terms  thereof,  and  of  the 
territorial  limits  of  every  city  of  the  second  class.  [K.  S.  1899, 
See.  5508].     (j) 

Sec.  2.  Cities  may  provide  for  inspection  of  animals  in- 
tended for  food. — All  cities  in  this  state  are  hereby  empowered  to 
provide  by  ordinance  for  the  inspection,  while  living,  of  all  ani- 
mals intended  as  human  food  within  such  cities.  [R.  S.  1899,  Sec. 
6127]. 

Sec.  3.  Power  to  regulate  milk  dairies  and  sale  of  milk. — All 
cities  and  towns  in  the  state  shall  have  power,  by  ordinance,  to 
license  and  regulate  milk  dairies  and  the  sale  of  milk,  and  pro- 
vide for  the  inspection  thereof.      [R.  S.  1899,  Sec.  6165].     (k) 

Sec.  4.  Gravel  and  macadamized  public  roads,  cities  may 
construct,  etc. — The  mayor  and  city  council  of  any  city  or  incor- 
porated town  shall  have  the  power  to  annually  appropriate  and 
pay  out  of  the  treasury  of  such  city  or  incorporated  town  a  sum 
of  money  not  to  exceed  ten  per  cent  of  the  annual  general  revenue 

(j)  The  power  of  extending  or  diminishing  the  limits  of  municipalities  is 
a  legislative  power:  Gibony  v.  Cape  Girardeau,  58  Mo.  141;  State  ex 
rel.  V.  McReynolds  et  ai.  61  Mo.  203;  City  of  Kansas  v.  Cook,  G9  Mo. 
127;  Copeland  v.  City  of  St.  Joseph,  126  Mo.  417.  See  generally  on 
this  subject  Burnes  v.  Edgerton,  143  Mo.  563;  State  ex  inf.  v.  Flem- 
ing, 158  Mo.  558;  Kansas  City  v.  Stegmiller,  151  Mo.  189;  Vv^estport 
V.  Kansas  City,  103  Mo.  141;  State  ex  rel.  v.  Ohio  and  Illinois  Min. 
Land  Co.,  84  App.  32. 

If  extension  is  invalid  all  attempts  at  municipal  government  therein  are 
void  ab  initio:     Douglas  v.  Kansas  City,  147  Mo.  428. 

(k)   Power  to  regulate  dairies:      St.  Louis  v.  Fischer,  167  Mo.  654. 


42  CHARTER. 

thereof  for  the  purpose  of  constructing,  building  and  repairing 
any  gravel,  macadamized  or  other  graded  public  road  and  bridges 
thereon  leading  into  and  entering  such  city  or  incorporated  town, 
and  such  appropriation  shall  be  made  by  ordinance  duly  enacted, 
and  the  money  so  appropriated  shall  be  applied  under  the  super- 
vision and  direction  of  the  engineers  of  such  city  or  incorporated 
town,  and  of  the  county  in  which  the  same  is  situated,  who  shall 
make  due  report  thereof,  in  writing,  to  such  mayor  and  city  coun- 
cil.    [R.  S.  1899,  Sec.  6120]. 

Sec.  5.    Muiiicipal  authorities  of  towns,  etc.,  may  work  roads, 

etc. — It  shall  be  lawful  for  the  municipal  authorities  of  cities, 
towns  and  villages  in  this  state  to  work,  grade  or  macadamize 
roads,  streets  and  highAvays  leading  to  and  from  such  cities,  towns 
or  villages,  in  such  manner  as  may  be  provided  by  ordinance  by 
the  proper  authorities  of  any  such  city,  tovv^n  or  village ;  but  this 
privilege  shall  not  extend  to  a  greater  distance  than  five  miles 
from  the  corporate  limits  of  such  city,  village  or  town,  and  shall 
not  be  construed  so  as  to  allow  any  obstruction  to  or  to  interfere 
with  the  free  use  of  any  such  road,  street  or  highway  by  the  pub- 
lie,  except  so  far  as  may  be  necessary  while  working,  repairing  or 
grading  such  road  or  highway.     [R.  S.  1899,  Sec.  9471] . 

Sec.  6.  Cities  may  prohibit  sale  of  cigarettes  and  cigarette 
wrappers  to  minors. — Any  city,  town  or  village  in  this  state  exist- 
ing by  virtue  of  the  present  general  law%  or  by  any  local  or  special 
law,  may,  by  ordinance  or  act,  prohibit  the  sale,  within  its  corpo- 
rate limits,  of  cigarettes  or  cigarette  wrappers  to  minors — any 
charter  provision  to  the  contrary  notwithstanding ;  and  such  city, 
town  or  village  may  provide  punishment  or  fines  for  any  person, 
persons  or  corporation  violating  any  ordinance  authorized  by  this 
section.     [R.  S.  1899,  Sec.  6166]. 

Sec.  7.  Authorizing  the  working  of  convicted  prisoners. — 
The  various  cities,  towns  and  villages  in  this  state,  whether  organ- 
ized under  special  charter  or  under  the  general  laws  of  the  state, 
are  hereby  authorized  and  empowered  to,  by  ordinance,  cause  all 
persons  who  have  been  convicted  and  sentenced  by  the  mayor, 
recorder,  or  other  court  having  jurisdiction,  for  violation  of  ordi- 


ART.  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  43 

nance  of  such  city,  town  or  village,  whether  the  punishment  be 
fine  or  imprisonment,  or  by  both,  to  be  put  to  work  and  perform 
labor  on  the  public  streets,  highways  and  alleys  or  other  public 
works  or  buildings  of  such  city,  town  or  village,  for  such  purposes 
as  such  city,  town  or  village  may  deem  necessary.  And  the  mar- 
shal, constable,  street  commissioner,  or  other  proper  officer  of  such 
city,  town  or  village  shall  have  power  and  be  authorized  and  re- 
quired to  have  or  cause  all  such  prisoners  as  may  be  directed  by 
the  mayor,  or  other  chief  officer  of  such  city,  town  or  village,  to 
work  out  the  full  number  of  days  for  which  they  may  have  been 
Bentenced  at  breaking  rock,  or  at  working  upon  such  public 
streets,  highways  or  alleys,  or  other  public  works  or  buildings  of 
such  city,  town  or  village  as  may  have  been  designated.  And  if 
the  punishment  is  by  fine,  and  the  fine  be  not  paid,  then  for  every 
dollar  of  such  judgment  the  prisoner  shall  work  one  day.  And 
it  shall  be  deemed  a  part  of  the  judgment  and  sentence  of  the 
court  that  such  prisoner  may  work  as  herein  provided.  [R.  S. 
1899,  Sec.  6167]. 

Sec.  8.  No  authority  to  tax  professions. — Hereafter  no  per- 
son following  for  a  livelihood  the  profession  or  calling  of  a  min- 
ister of  the  gospel,  teacher,  professor  in  a  college,  priest,  lawyer 
or  doctor  of  medicine  in  this  state  shall  be  taxed  or  made  liable 
to  pay  any  municipal  or  other  corporation  tax  or  license  fee  of  any 
description  whatever  for  the  privilege  of  following  or  carrying  on 
such  profession  or  calling,  any  law,  ordinance  or  charter  to  the 
contrary  notwithstanding.      [R.  S.  1899,  Sec.  5260]. 

Sec.  9.  Business  not  taxable,  when. — No  municipal  corpora- 
tion in  this  state  shall  have  the  power  to  impose  a  license  tax 
upon  any  business  avocation,  pursuit  or  calling,  unless  such  bus- 
iness avocation,  pursuit  or  calling  is  specially  named  as  taxable 
in  the  charter  of  such  municipal  corporation,  or  unless  such  power 
be  conferred  by  statute.      [R.  S.  1899,  Sec.  6256].     (1) 

Sec.  10.  Produce  cannot  be  taxed,  when. — No  incorporated 
city,  town  or  village  in  this  state  shall  have  power  to  levy  or  col- 
lect any  tax,  license  or  fees  from  any  farmer,  or  producer  or  pro- 
ducers, for  the  sale  of  produce  raised  by  him.  her  or  them,  when 

(1)   Kansas  City  v.  Lorber,  64  App.  604;    Kansas  City  v.  Crush,  151  Mo. 
128. 


44  CHARTER. 

sold  from  his.  in  r  ..r  iheir  wagon,  cart  or  vehicle,  or  from  auy 
person  or  persons  in  the  employ  of  such  farmer  or  producer  in  any 
such  eitv,  town  or  village.     [R.  S.  1899,  Sec.  6146]. 


.Si:c.  11.  Appropriations,  v.lien  made,  etc. — Within  the  first 
month  of  each  lisc;il  year  the  common  council  shall,  as  far  as 
I)racticable,  make  all  the  necessary  apportionments  of  the  revenue 
to  be  raised  for  such  year  to  the  expenses  of  the  several  depart- 
ments, and  for  all  public  works,  under  proper  headings,  and  for 
such  other  objects  as  may  be  necessary  to  provide  for.  All  ordi- 
nances that  contemplate  the  payment  of  money  shall,  upon  their 
second  reading,  be  referred  to  the  appropriate  committee,  who 
shall  obtain  the  indorsement  thereon  of  the  comptroller,  to  the 
effect  that  sufficient  unappropriated  means  stand  to  the  credit  of 
the  fund  or  revenue  account  therein  mentioned  to  meet  the  re- 
quirements of  said  ordinance,  and  that  the  same  is  in  the  treasury, 
or  it  shall  not  be  lawful  to  pass  the  said  ordinance.  [R.  S.  1899, 
Sec.  5556].     (m) 

Sec.  12.  Limit  on  appropriations. — The  common  council 
shall  not  appropriate  money  for  any  purpose  wdiatever  in  excess 
of  the  revenue  of  that  fiscal  year  actually  collected  and  in  the 
treasury  at  the  time  of  such  appropriation  and  unappropriated. 
Neither  the  common  council  nor  any  officer  in  the  city,  except  the 
comptroller  in  the  single  instance  in  this  article  provided,  shall 
liave  authority  to  make  any  contract,  or  do  any  act  binding  such 
city,  or  imposing  upon  said  city  any  liability  to  pay  money  until  a 
dclinite  amonnt  of  money  shall  first  have  been  appropriated  for 
the  liquidation  of  all  pecuniary  liability  of  said  city  under  said 
coiiti-act  or  in  consequence  of  said  act,  and  the  amount  of  said 
;ipl>rni»riation  shall  be  the  maximum  limit  of  the  liability  of  the 
city  under  any  such  contr.ict  or  in  consequence  of  any  such  act — 
said  contract  or  action  to  hv,  ab  initio,  null  and  void  as  to  the  city 
for  any  other  or  further  liability.  Any  member  of  the  common 
council  who  .shall  knowingly  vote  for  any  appropriation  of  money 
or  the  making  of  any  contract  in  violation  of  this  article,  or  any 
ofTiccr  of  the  city  who  shall  knowingly  do  any  act  to  impose  any 
liiibility  to  pay  money  contrary  to  the  provisions  of  this  section 

(no   Apporlioninont  not  an  appropriation  and  may  be  altered  and  revised: 
Slate  ex  rel.  v.  Kansas  City,  58  App.  124. 


ART  IV.  POWERS  OF  MAYOR  AND  COUNCIL.  45 

upon  the  city,  any  pecuniary  liabilit}'  in  excess  of  the  authority  in 
this  article  limited,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  or  imprisonment  in  the  county 
jail  not  less  than  one  year,  or  by  both  such  fine  and  imprisonment. 
If  any  financial  officer  of  the  city  shall  buy  or  sell,  for  the  purpose 
of  speculation,  ary  indebtedness  of  the  city,  or  deal  therein  dur- 
ing his  term  of  office,  he  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  be  punished  by  a  fine  of  not  less  than  one  hundred 
nor  more  than  one  thousand  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  one  month  nor  more  than  one  year,  or  by 
both  such  fine  and  imprisonment.      [R.  S.  1899,  Sec.  5557].     (n) 

Sec.  13.  Tax  for  sinking  fund. — In  any  city  of  the  second 
class  having  a  bonded  debt  requiring  an  annual  tax  levy  equal  to 
or  in  excess  of  one-fourth  of  one  per  centum  per  annum,  in  order 
to  pay  off  said  debt  by  the  time  it  shall  fall  due,  the  mayor  and 
common  council  shall  each  year  levy  a  special  tax  of  one-fourth 
of  one  per  centum  upon  all  real  and  personal  property  taxable  by 
law  for  state  purposes  within  said  city,  and  not  by  general  law  ex- 
empt from  municipal  taxation,  for  the  purpose  of  creating  a  sink- 
ing fund  for  the  redemption  of  the  bonds  of  the  city,  which  tax, 
when  collected,  shall  be  applied  by  the  comptroller  to  the  pur- 
chase of  the  bonds  of  the  city  upon  the  most  advantageous  terms 
that  may  be  offered  in  response  to  a  public  advertisement,  to  be. 
made  in  two  daily  papers  of  the  city:  and  in  the  event  that  the 
bonds  of  the  city  are  not  offered  at  par  or  less,  in  response  to  such 
advertisement,  in  sufficient  sum  to  take  up  the  whole  amount  of 
the  sinking  fund  on  hand  during  any  year  the  comptroller,  with 
the  consent  of  the  finance  committee,  may  accept  subsequently 
such  city  bonds  as  may  be  offered  to  the  amount  of  such  fund  on 
hand,  and  at  such  prices  as  may  be  agreed  upon :  or  if  such  bonds 
cannot  be  bought  at  par  or  less  the  comptroller,  with  the  consent 
of  said  committee,  may  invest  the  fund  in  the  bonds  of  the  county, 
the  state  or  the  United  States  at  their  lowest  market  price.  [R. 
S.  1899,  Sec.  5558]. 

(n)   Pryor  v.  Kansas  City,  153  Mo.  135. 


46 


CHARTER. 


ARTICLE    V 


BOARD   OF   PUBLIC   WORKS. 


Section 

1.  Establishes    a    l)oard    of    public 

works. 

2.  Board,     by     whom     appointed  — 

term  of  office — qualifications 
salary — bond. 

3.  President  of  board. 

4.  Meetings  of  board. 

5.  Board    shall    appoint    city    engi- 

neei — tenure  of  office — duties 
— salaiy. 

6.  Powers  and  duties  of  board. 

7.  Board    shall    purchase    all    sup- 

plies for  city. 

8.  Hearing    of    petitions    for    street 

improvements  by  board — ac- 
tion to  be  taken — proposals 
for  work. 


Section 

9.     Contracts — how  awarded. 

Special   tax   bills   to   issue. 

Manner  of  paying  for  public 
Improvements. 

Engineer  to  make  out  tax  bills. 

Power  of  council  limited. 

Plats  of  pioposed  additions  to 
be  submitted   to   board. 

Board  to  control  all  expendi- 
tures for  street  repairing, 
etc. — shall  appoint  head  of 
street  cleaning  department- 
salary. 

Board  to  submit  annual  report 
to   council. 

Mayor  ex-officio  member  of 
board. 


10. 
11. 

12. 
13. 

14. 

1.5. 


16. 


17. 


Sectiox  1.  Establishes  a  board  of  public  works. — There  is 
hereby  established  in  every  city  in  this  state,  now  or  hereafter  or- 
ganized and  existing  as  a  city  of  the  second  class,  a  board  of  public 
works,  to  consist  of  three  members,  who  shall  be  selected  for  their 
business  qualifications,  and  not  because  of  their  standing  and  in- 
fluence as  politicians,  and  who  shall  be  appointed  by  the  mayor, 
comptroller  and  auditor  of  such  city,  which  said  board  shall  be 
known  and  designated  as  the  board  of  public  works  of  the  city  of 
[Laws  of  1903,  page  60]. 


Skc.  2.  Board,  by  whom  appointed — term  of  office — qualifi- 
cations— salary — bond. —The  mayor,  comptroller  and  auditor  of 
sucli  city  shall  constitute  a  board  for  the  i)urpose  of  appointing 
members  of  the  board  of  public  works  of  their  city,  all  of  whom 
concurring  may  make  such  appointment.  The  first  board  of  pub- 
lic works  shall  be  appointed  immediately  upon  the  taking  effect  of 
this  act,  and  shall  hold  office  until  the  beginning  of  the  fiscal  year 
1!I0.'3,  and  thereafter  one  member  for  one  year,  one  member  for 
two  years  and  one  member  for  three  years,  and  thereafter  the 
Icnn  of  office  shall  be  three  years.  No  more  than  two  members 
of  said  board  of  public  works  shall  belong  to  the  same  political 


ART.  V.  BOARD  OF  PUBLIC  WORKS.  47 

party.  No  member  of  such  board  of  public  works  shall  hold  any 
other  municipal  office  or  any  state,  county  or  federal  office  during 
his  membership  on  said  board,  nor  shall  any  such  member  be  di- 
rectly or  indirectly  interested  in  any  contract  that  may  be  let  by 
the  board  or  that  may  come  before  it  for  consideration,  nor  in  the 
sale  or  furnishing  in  any  way  of  any  materials  whatever  to  the 
contractor  who  may  enter  into  such  contract.  The  members  of 
said  board  shall  possess  all  of  the  qualifications  required  by  law  to 
render  a  person  eligible  to  election  as  mayor.  The  salary  of  said 
members  of  the  board  of  public  works  shall  be  nine  hundred  dol- 
lars each  per  annum,  payable  monthly,  as  the  salaries  of  other 
city  officers  are  paid,  and  each  member  of  said  board,  before  en- 
tering upon  his  duties  as  such,  shall  take  and  subscribe  to  an  oath 
to  support  the  constitution  of  the  state  of  Missouri,  and  to  faith- 
fully discharge  the  duties  of  his  office,  and  shall  enter  into  bond 
in  the  sum  of  five  thousand  dollars,  with  some  security  company 
or  with  two  or  more  individuals  as  securities  thereof,  payable  to 
the  city,  and  conditioned  for  the  faithful  performance  of  all  his 
duties  as  a  member  of  said  board,  which  bond  shall  operate  for  the 
benefit  of  every  person  who  may  be  damaged  by  its  breach,  and 
who  may  bring  suit  thereon  in  the  name  of  the  city  to  his  use. 
[Laws  of  1903,  page  61]. 

Sec.  3.  President  of  board. — There  shall  be  a  president  of 
said  board,  to  be  elected  by  and  from  the  members  thereof,  who 
shall  preside  at  all  meetings  of  the  board  and  perform  such  duties 
as  appertain  to  such  position.      [Laws  of  1903,  page  61] . 

Sec.  4.  Meetings  of  board. — Such  board  of  public  works 
shall  be  provided  with  an  office  by  the  city,  and  shall  meet  at  such 
office  at  least  once  each  day  at  10  o'clock  in  the  forenoon,  except  on 
Sundays  and  public  holidays,  for  the  transaction  of  business. 
Two  members  of  said  board  shall  constitute  a  quorum.  In  case  of 
the  absence,  inability  or  refusal  of  the  president  to  act  at  any 
meeting  of  such  board  the  members  present  may  elect  a  temporary 
president,  who  shall,  for  the  time  being,  possess  all  the  power  of 
president  of  said  board.  Said  board  shall  keep  in  its  office  a  full 
and  complete  record  of  all  its  proceedings,  and  such  records  shall 
at  all  times  be  open  to  the  inspection  of  the  public.  [Laws  of 
1903,  page  61]. 


48  CHARTER. 

Sec.  5.  Board  shall  appoint  city  engineer — tenure  of  office — 
duties — salary. — Fi'om  and  after  the  passage  and  approval  of  this 
act  such  board  of  public  works  shall  appoint  the  city. engineer  in 
all  cities  of  the  second  class,  who  shall  hold  his  office  under  such 
appointment  during-  the  pleasure  of  the  board,  and  said  board 
shall  also  appoint  or  employ  such  assistants,  inspectors  and  other 
employes  as  maj^  be  necessary,  who  shall  also  hold  their  positions 
during-  the  pleasure  of  the  board.  Said  city  engineer  shall,  under 
the  direction  of  said  board,  superintend  the  construction  of  all 
public  works,  make  plans,  specifications  and  estimates  thereof,  do 
all  surveying-  and  engineering  ordered  by  the  city,  and  perform 
such  other  duties  as  may  be  prescribed  by  said  board  or  ordinance. 
Said  board  shall  fix  the  compensation  of  said  engineer,  but  such 
compensation  shall  not  exceed  two  hundred  dollars  per  month. 
Said  board  shall  appoint  a  chief  clerk,  who  shall  perform  such  du- 
ties as  may  be  prescribed  by  said  board.  The  compensation  of 
such  chief  clerk  shall  be  such  as  may  be  fixed  by  said  board,  pro- 
vided such  compensation  shall  not  exceed  the  sum  of  one  hundred 
and  twenty-five  dollars  ($125.00)  per  month,  and  the  compensation 
of  the  other  employes  herein  authorized  shall  be  fixed  by  said 
board  from  time  to  time,  but  the  aggregate  of  all  the  salaries  and 
compensation  of  all  said  employes  shall  not  exceed  the  appropria- 
tion that  may  be  made  therefor  by  ordinance ;  and  if  there  should 
be  any  such  excess  contracted  for  by  the  board 
of  public  works  over  the  appropriation  so  made  it  shall 
be  void  and  of  no  effect.  But  such  fixing  of  sala- 
ries shall  not  operate  to  prevent  the  board  of  public 
works  from  discharging  any  employe  imder  it  at  any  time  it  sees 
fit.  The  l)oard  of  public  works  shall  also  adopt  general  rules  and 
regulations  not  inconsistent  with  the  charter  and  ordinances  of 
the  city  prescribing  the  general  duties  of  those  in  its  employ,  but 
the  adoption  of  such  rules  and  regulations  shall  not  prevent  it 
fn»m  re<|uii-ing  of  such  employes  the  performance,  from  time  to 
time,  of  such  additional  work  and  duties  as  it  may  see  fit.  The 
salai-ics  ;ind  compensation  of  such  officer  and  employes  shall  be 
paid  by  the  city  as  other  employes  of  such  city  are  paid.  [Laws 
of  1903,  page  61]. 

Sec.  6.  Powers  and  duties  of  board.— Said  board  shall  super- 
vise the  grading  and  paving  of  all  streets,  avenues,  alleys  and 
public  ground,  the  cleaning,  sprinkling,  repairing,  flushing,  wash- 


ART.  V.  BOARD  OF  PUBLIC   WORKS.  49 

ing  and  improving  of  all  streets,  avenues,  alleys  and  public  places, 
except  public  parks ;  the  construction,  altering  and  repairing  of 
all  bridges,  culverts,  inlets,  manholes,  sewers,  drains  and  water 
courses  within  said  city,  and  the  flushing  thereof  when  necessary ; 
the  laying  of  all  gas,  steam  and  water  pipes  and  all  conduits,  to- 
gether with  all  service  connections  and  appurtenances  thereto  be- 
longing; the  issuing  of  permits  for  connecting  with  any  gas, 
water,  steam  or  sewer  pipes  or  conduits;  the  laying  and  repair- 
ing of  all  sidewalks,  cross  walks,  curbing  and  guttering ;  the  con- 
struction of  all  vaults  and  area  ways  under  or  in  any  portion  of 
said  streets  and  sidewalks ;  the  location  and  regulation  of  all  tele- 
graph, telephone,  fire  alarm,  messenger,  street  railway,  electric 
light  and  power  poles,  wires,  conduits  and  appliances;  the  con- 
struction and  repairing  of  all  city  buildings,  engine  houses,  water- 
works, gas  and  light  plants,  and  all  other  public  buildings  of  said 
city,  except  public  libraries :  and  hereafter  no  permit  for  entering 
upon,  disturbing  or  occupying  for  any  purpose  whatever  the 
streets,  alleys  or  public  grounds  of  any  such  city  shall  be  issued 
except  by  the  board  of  public  works  hereby  created.  [Laws  of 
1903,  page  62. 

Sec.  7.  Board  shall  purchase  all  supplies  for  city.— Said 
board  shall  also  have  charge  of  and  purchase  all  supplies  and  ma- 
terials needed  for  the  city  in  its  several  departments,  under  such 
rules  and  regulations  as  may  be  prescribed  by  said  board,  but  not 
in  excess  of  the  amount  that  may  be  appropriated  therefor  by  ordi- 
nance.    [Laws  of  1903,  page  62] . 

Sec.  8.  Hearing  of  petitions  for  street  improvements  by 
board — action  to  be  taken — proposals  for  work. — From  and  after 
the  passage  and  approval  of  this  act  all  petitions  for  paving,  grad- 
ing or  repairing,  regrading  or  reconstructing  any  street,  alley,  av- 
enue or  public  way  of  the  character  contemplated  in  section  6 
hereof  shall  be  addressed  and  presented  to  said  board  of  public 
works,  and  said  board  shall  speedily  hear  and  determine  all  such 
applications  or  petitions.  The  board,  of  its  own  motion,  if  ap- 
proved by  all  of  its  members,  may,  and  upon  presentation  of  a  pe- 
tition signed  by  the  majority  in  front  feet  of  the  resident  real  es- 
tate owners,  required  by  law,  shall  prepare  an  ordinance  for  the 
improvements  therein  contemplated,  and  submit  such  ordinance, 
together  with  a  copy  of  the  petition  for  such  improvements,  if 


50  CHARTER. 

there  be  a  peiiliui],  lugether  with  all  objections  thereto  that  may. 
have  been  hied  with  the  board,  and  accompanied  with  such  recom- 
mendations as  it  may  desire  to  make  to  the  common  council,  and 
also  transmit  to  the  common  council,  with  the  proposed  ordinance 
for  any  improvements,  the  full  plans  and  estimates  of  the  cost  of 
the  improvement  contemplated,  provided  that  before  said  board 
shall,  on  its  own  motion,  or  on  the  petition  of  others,  Submit  an  or- 
dinance for  the  making  of  such  improvements  it  shall,  by  an  ad- 
vertisement in  the  official  paper  of  the  city,  published  for  five 
days,  notify  all  persons  interested  of  the  time  and  place,  when  and 
where  the  said  board  will  hear  objections  to  such  proposed  ordi- 
nance, at  which  time  and  place  the  board  shall  attend  and  hear 
and  pass  upon  all  objections  that  may  be  presented.  And  if  the 
board  shall  overrule  such  objections  then  the  matter  shall  be  con- 
tinued for  fifteen  days,  and  within  that  time  the  owners  of  a  ma- 
jority of  front  feet  abutting  on  the  part  of  such  highway  or  public 
place  sought  to  be  improved  and  owned  by  residents  of  said  city, 
shall  have  the  right  to  select,  in  writing,  any  material  they  may 
desire  to  be  used  in  making  said  improvement,  and  such  selections 
only  shall  be  embraced  in  the  ordinance  which  the  board  may 
recommend,  and  no  ordinance  specifying  any  material  other  than 
that  so  selected  shall  have  any  validity,  provided  that  the  material 
so  selected  shall  be  reasonably  available.  If  no  such  election 
shall  be  made  by  the  property  owners,  then  the  board  may  recom- 
mend and  the  city  council  pass  an  ordinance  for  doing  the  work 
with  anj^  desired  material.  If  the  common  council  shall  pass  such 
ordinance  by  a  two-thirds  majority  of  all  its  members-elect,  if 
supported  alone  by  the  recommendation  of  the  board  of  public 
works,  or  by  a  majority  of  the  members-elect,  if  supported  by  a 
petition  of  the  majority  in  front  feet  of  the  real  estate  owners,  as 
required  by  law,  such  majorities,  respectively,  being  necessary  for 
the  adoption  of  such  ordinance,  and  if  the  same  shall  be  approved 
by  the  mayor,  it  shall  then  be  the  duty  of  the  board  of  public 
works,  M'hether  the  improvement  is  to  be  paid  for  by  the  city  or 
by  the  issuing  of  special  tax  bills,  to  advertise  for  proposals  for  do- 
int,'  the  work  according  to  the  plans  and  specifications,  which 
shall  be  kept  on  file  in  the  office  of  said  board,  and  be  open  at  all 
times  to  public  inspection.  Advertisements  for  doing  of  such 
work  shall  state  the  character  and  extent  of  the  improvement  con- 
templated, and  shall  be  published  in  the  paper  doing  the  city 
printing  for  not  less  than  five  days  nor  more  than  ten  days.     All 


ART.  V.  BOARD  OP  PUBLIC  WORKS.  51 

•proposals  for  the  doing  of  such  work  shall  be  sealed,  directed  to 
said  board  and  accompanied  by  a  certitied  check,  payable  to  the 
treasurer  of  said  city,  in  such  sum  as  may  be  named  by  said  board 
in  the  advertisement  for  bids,  and  conditioned  that  in  case  the 
contract  for  the  improvement  for  which  the  bid  is  made  shall  be 
awarded  to  such  person,  and  such  bidder  fails  to  enter  into  the 
contract  for  doing  said  work  within  the  time  fixed,  then  the  sum 
named  in  said  check  shall  be  forfeited  to  said  city.  All  proposals 
shall  be  opened  at  the  time  and  place  mentioned  in  the  advertise- 
ment :  Provided,  the  property  owners  upon  any  street  owning  all 
of  the  property  abutting  upon  one  or  more  blocks  thereof  may 
have  the  privilege  at  any  time  before  an  ordinance  is  placed  be- 
fore the  common  council  therefor  of  causing  said  street  for  the 
length  of  one  or  more  blocks  to  be  curbed,  guttered,  paved,  repair- 
ed, or  macadamized,  and  the  sidewalks  along  the  same  to  be  con- 
structed by  private  contract ;  said  work  to  be  done  according  to 
specifications  approved  by  said  board  and  the  construction  thereof 
to  be  under  the  supervision  of  the  same.  [Laws  of  1903,  page 
63].     (a) 

Sec.  9.  Contracts,  how  awarded. — All  contracts  relating  to 
any  of  the  improvements  herein  contemplated  shall  be  made  by 
said  board,  and  shall  be  awarded  to  the  lowest  and  best  bidder, 
but  such  board  shall  have,  at  all  times,  the  power  to  reject  any  and 
all  bids.  Originals  of  all  contracts  entered  into  by  the  board  of 
public  works  shall  be  filed  with  the  comptroller,  one  copy  retained 
by  the  board  and  one  delivered  to  the  contractor.  No  contract 
shall  be  entered  into  until  the  contractor  shall  have  entered  into  a 
bond,  payable  to  such  city,  with  one  or  more  good  and  sufficient 

(a)  The  ordinance  specifying  the  materials  of  which  and  the  manner  in 
which  public  work  is  to  be  done  must  be  reasonably  specific,  but  if 
there  be  a  substantial  compliance  with  the  provisions  of  the  charter 
courts  would  not  be  authorized  to  invalidate  the  action  of  the  city 
because  the  ordinance  is  loose  and  general  in  its  terms:  Sheehan  v. 
Gleeson,  46  Mo.  100;  Stewart  v.  City  of  Clinton,  79  Mo.  610;  Asphalt 
Paving  Co.  v.  Ullman,  137  Mo.  570. 

An  ordinance  for  letting  public  work  may  properly  refer  for  details  to 
specifications  on  file  in  the  city  engineer's  office:  Asphalt  Paving  Co. 
V.  Ullman,  137  Mo.  571. 

The  board  of  public  works  is  as  mucn  the  agent  of  the  property  owner 
as  of  the  city:  and  it  must  see  to  it  that  neither  the  owner  nor  the 
city  is  wronged  by  t'le  estimates  for  public  work,  or  by  the  letting 
and  the  contract:     Barber  Asphalt  Paving  Co.  v.  Hezel,  76  App.  135. 

As  to  power  of  board  over  streets  generally  see  State  ex  rel.  v.  St.  Louis, 
IGl  Mo.  371. 


52  CHARTER. 

securities,  to  be  approved  by  the  comptroller,  conditioned  that 
such  contractor  shall  faithfully  perform  the  work  called  for  and 
complete  the  same  in  all  respects  according  to  the  plans  and  speci- 
fications therefor,  and  that  such  contractor  shall  pay  for  all  labor 
and  all  material  purchased  and  used  in  the  making  of  said  im- 
provements. In  letting  the  contracts  the  board  shall  reserve  the 
right  to  decide  all  questions  as  to  the  proper  performance  of  the 
work  and  the  meaning  of  contracts,  and  in  case  of  improper  con- 
struction may  suspend  the  work  and  relet  the  same,  or  order  the 
entire  reconstruction  of  such  work,  or  may  relet  to  another  con- 
tractor, as  may  be  deemed  best  by  the  board.  In  case  of  the  sus- 
pension of  any  public  work  the  board  may,  when  the  urgency  of 
the  case  and  the  interests  of  the  city  require  it,  employ  workmen 
to  perform  or  complete  any  improvements  ordered  by  ordinance, 
provided  that  the  costs  and  expenses  thereof  shall  in  no  case  ex- 
ceed the  amount  appropriated  to  do  such  work,  and  the  same  shall 
be  deducted  from  the  price  to  be  paid  the  contractor.  The  com- 
mon council  shall  not  give  its  consent  by  ordinance,  resolution  or 
otherwise  more  than  twice  for  any  extension  of  the  time  for  the 
completion  of  the  work  under  any  contract  for  street  improve- 
ment, nor  for  a  longer  period  than  four  months  each  time,  and  not 
then,  unless  the  contractor,  together  with  the  securities  on  his 
bond,  shall  first  file  with  the  comptroller  their  written  requests 
for  such  extension,  and  consenting  for  each  extension  asked  for 
that  the  contract  price  for  the  whole  work  covered  by  the  con- 
tract shall  be  reduced  five  per  cent,  and  if  such  extension  is 
granted  it  shall  operate  as  a  reduction  of  the  contract  price  for 
the  whole  work  in  conformity  with  the  consent  so  given.  Every 
ordinance  for  public  improvements  of  any  kind  to  be  let  to  the 
lowest  and  best  bidder  shall  fix  the  time  within  which  such  work 
shall  be  completed  after  the  contract  therefor  shall  be  awarded. 
Nor  shall  any  extension  for  the  completion  of  a  contract  for  public 
improvements  be  granted  after  the  expiration  of  the  time  named 
in  the  ordinance  authorizing  the  work,  except  that  where  a  first 
extension  is  made  before  the  expiration  of  the  time  for  complet- 
ing the  original  contract  a  second  extension  may  be  granted  be- 
fore the  first  extension  expires — all  upon  the  terms  and  condi- 
tions in  this  section  provided.     [Laws  of  1903,  page  64]. 

Skc.   10.     Special  tax  bills  to  issue.— The  board  of  public 
works  shall  provide  for  the  issue  of  all  special  tax  bills  against 


ART.  V.  BOARD  OF  PUBLIC  WORKS.  53 

property  owners,  cliargealDle  with  special  tax  bills  for  work  per- 
formed, which  said  tax  bills  shall  be  authenticated  and  certified 
to  by  the  city  engineer.  When  surveys  and  estimates  are  required 
to  be  made  by  the  city  engineer  they  shall  be  made  and  turned 
over  to  the  board  of  public  works.  The  city  assessor  shall  also 
make  his  return  of  the  assessed  valuation  of  property  to  pay  for 
the  grading  of  any  street,  avenue,  alley  or  other  highway  to  said 
board.     [Laws  of  1903,  page  64]. 

Sec.  11.  Manner  of  paying  for  public  improvements. — The 
manner  of  paying  for  all  public  improvements  shall  be  the  same 
as  is  now  provided  by  law  for  cities  of  the  second  class,  provided 
that  all  special  tax  bills  issued  under  the  provisions  of  this  law 
shall  show  on  their  face  the  total  amount  of  the  work  done,  the 
total  cost  thereof,  and  the  amount  charged  against  each  tract  or 
parcel  of  real  property.      [Laws  of  1903,  page  65]. 

Sec.  12.  Engineer  to  make  out  tax  bills. — All  special  tax 
bills  for  worK  contemplated  by  this  act  and  the  laws  governing 
cities  of  the  second  class  shall  be  made  out  by  the  said  city  engi- 
neer, and  shall  be  signed  by  him,  and  by  him  registered  in  the 
office  of  said  board  of  public  works  in  full,  and  shall  be  by  him  cer- 
tified and  delivered  to  the  party  in  whose  favor  they  are  issued, 
and  his  receipt  taken  in  full  of  all  claims  against  the  city  on  ac- 
count of  such  work.  Except  as  otherwise  provided  in  this  act 
such  special  tax  bills  shall  be,  in  all  things,  subject  to  the  general 
laws  governing  cities  of  the  second  class.  Each  special  tax  bill, 
except  where  a  less  rate  is  provided  in  the  ordinances  ordering  the 
work  done,  shall  bear  interest  from  thirty  days  after  its  date  at 
the  rate  of  six  per  cent  per  annum,  and  it  shall  be  the  duty  of  the 
owner  thereof,  if  said  bill  be  due  upon  its  issue,  to  post  for  the 
last  fifteen  days  before  the  expiration  of  snd  thirty  days,  or,  if  it 
be  due  in  the  future,  to  post  for  fifteen  days  before  its  maturity, 
in  the  office  of  the  board  of  public  works,  in  such  form  and  manner 
as  it  may  by  general  regulation  prescribe,  a  notice  of  some  place 
in  said  city  and  of  some  person  or  corporation  engaged  in  business 
thereat,  where  and  to  whom  said  bill  may  be  paid,  and  if  the  owner 
shall  fail  to  post  such  notice  or  shall  fail  to  have  the  bill  at  the 
place  and  in  charge  of  the  party  named  therein  with  authority 
to  receive  the  money  due  thereon  and  to  cancel  the  same  as  pre- 
scribed in  such  notice,  the  interest  thereon  shall  stop  and  shall 


54  CHARTER. 

not  start  agaiu  to  run  unless  and  until  the  owner  thereof  shall 
present  the  same  for  payment  to  the  party  liable  therefor;  but 
such  owner  shall  not  be  required  to  keep  such  bill  on  deposit  for 
payment  at  the  place  named  in  such  notice  for  more  than  thirty 
days  from  the  date  when  such  notice  is  required  hereby  to  be 
posted  up,  and  any  such  failure  on  the  part  of  the  holder  of  said 
bill  shall,  in  addition  to  stopping  the  running  of  interest  thereon, 
prevent  any  other  tax  bill  of  the  same  series  from  falling  due  in 
advance  of  the  time  fixed  therein  for  its  ultimate  payment.  [Laws 
of  1903,  page  65].     (b) 

Sec.  13.  Power  of  council  limited. — The  common  council  in 
cities  of  the  second  class  shall  have  no  poAver  to  pass  any  ordinance 
authorizing  or  providing  for,  nor  to  approve  any  contract  for  the 
grading,  regrading,  paving,  repaving  or  reconstructing  of  any 
street,  avenue,  alley  or  public  ground;  the  cleaning,  sprinkling, 
repairing,  flushing,  washing,  or  improving  of  any  street,  avenue, 
alley  or  public  place,  except  public  parks ;  the  construction,  alter- 
ing or  repairing  of  any  bridge,  culvert,  inlet,  manhole,  sewer, 
drain  or  water  course ;  the  laying  of  any  gas,  steam  or  water 
pipes,  or  any  conduit,  or  any  connection  or  appurtenance  thereto ; 
the  laying  or  repairing  of  any  sidewalk,  crosswalk,  curbing  or  gut- 
tering; the  construction  of  any  vault  under  or  area  way  in  any 
street  or  sidewalk;  the  location  or  regulation  of  any  telegraph, 
telephone,  fire  alarm  or  messenger  poles,  or  the  wires,  conduits  or 
appliances  used  in  connection  therewith;  the  construction  or  re- 
pairing of  any  city  building,  engine  house,  water  works,  gas  or 
light  plant,  or  any  other  city  building  except  libraries,  unless  the 
ordinance  authorizing  the  same  shall  have  been  first  recom- 
mended by  said  board  of  public  works.  Nor  shall  the  board  of 
public  works  have  any  power  to  recommend,  or  the  common  coun- 
cil to  pass  any  ordinance  for  repairing,  repaving  or  reconstructing 
any  street,  alley,  sidewalk  or  other  public  place,  or  any  part 
thereof  which  has  been  theretofore  paved  or  macadamized  at  the 
expense  of  the  property  specially  chargeable  therewith,  to  be  paid 
for  in  whole  or  in  part  by  the  issue  of  special  tax  bills,  with  any 
material  other  than  such  as  was  used  in  the  former  improvement 

(b)  Where  a  city  issues  special  tax  bills  in  favor  of  a  contractor  and 
against  property  which,  under  the  law  cannot  be  charged  with  the 
cost  of  the  work,  no  recovery  can  be  had  against  the  city  for  the 
amount  of  the  bills  in  a  suit  brought  at  the  instance  of  the  contractor: 
Thornton  v.  City  of  Clinton,  148  Mo.  648. 


ART.  V.  BOARD  OF  PUBLIC  WORKS.  55 

thereof,  except  upon  petition  in  writing  therefor  of  resident  own- 
ers owning  a  majority  of  the  front  feet  fronting  or  abutting  on 
such  street,  alley,  sidewalk,  avenue  or  other  public  place  legally 
chargeable  therewith  within  the  limits  proposed  to  be  so  im- 
proved.    [Laws  of  1903,  page  65]. 

Sec.  14.  Plats  of  proposed  additions  to  be  submitted  to  the 
board. — No  plat  of  land  as  an  addition  to  said  city  or  for  the  sub- 
division of  any  lot,  block  or  other  sub-division  of  land  of  which 
plats  have  never  been  filed  shall  be  filed  for  record  unless  such 
plat  shall  have  been  submitted  to  said  board  of  public  works,  and 
the  approval  of  such  board  is  endorsed  thereon  before  the  same 
shall  be  presented  for  approval  of  the  common  council.  [Laws  of 
1903,  page  66]. 

Sec.  15.  Board  to  control  all  expenditures  for  street  repair- 
ing, etc. — shall  appoint  head  of  street  cleaning  department — sal- 
ary.— All  moneys  appropriated  by  the  common  council  for  repairs 
and  improvements  or  for  street  cleaning  purposes  shall  be  ex- 
pended under  the  direction  and  subject  to  the  approval  of  the 
board  of  public  works,  and  such  board  shall  appoint  some  suitable 
person,  who  shall  have  charge  of  the  street  cleaning  department 
in  such  city,  who  shall  receive  such  compensation  as  may  be  fixed 
by  said  board,  not  exceeding  ninety  ($90.00)  dollars  per  month, 
and  who  shall  hold  such  position  during  the  pleasure  of  said  board, 
and  such  board  shall  employ  such  labor  as  may  be  necessary  in  the 
street  cleaning  department,  provided  the  expense  for  this  purpose 
in  any  one  month  shall  not  exceed  the  appropriation  made  there- 
for, provided  that  the  common  council  may,  by  ordinance,  au- 
thorize the  board  of  public  works  to  expend,  by  contract,  the 
moneys  appropriated  for  cleaning  and  flushing  the  streets  of  said 
city,  or  such  parts  thereof  as  it  may  desire  cleaned  and  flushed. 
[Laws  of  1903,  page  66] . 

Sec.  16.  Board  to  submit  annual  report  to  council. — The 
board  of  public  works  shall,  on  the  third  Monday  of  April  in  each 
year,  submit  to  the  common  council,  through  the  comptroller,  a 
report  and  statement  in  detail,  showing  the  work  of  the  previous 
year,  on  what  account  and  how  paid  for,  and  shall  also  render  a 
statement  showing  the  estimated  cost  of  improvements  and  re- 


56  CHARTER. 

pairs  necessary  to  be  undertaken  during  the  current  year  and  the 
sum  required  therefor.     [Laws  of  1903,  page  66]. 

Sec.  17.  Mayor  ex-officio  member  of  board. — The  mayor 
shall  be  ex-officio  a  member  of  such  board  of  public  works  and 
may  be  present  at  its  deliberations,  and  present  recommendations 
and  engage  in  the  discussion  of  all  matters  coming  before  such 
board,  but  shall  not  be  entitled  to  a  vote  on  matters  coming  be- 
fore such  board.     [Laws  of  1903,  page  66]. 


ART.  VI. 


CITY  OFFICERS— ELECTIONS. 


57 


ARTICLE    VI 


CITY  OFFICERS— ELECTIONS. 


Section 

1.  Appointments,   by   whom   made. 

2.  Appointive  officers. 

3.  Elective    officers. 

4.  Salaries     to    be    fixed    by    ordi- 

nance. 

5.  Election,    when   to   be   held. 

6.  Elections    to   be   held,    how. 

7.  Voting  to  be  by  ballot. 

8.  The    polls,    opening    and    closing 

of. 

9.  Who  may  vote. 


Section 

10.  Voting  precincts,   duty   of  coun- 

cil. 

11.  Officers,   when   installed. 

12.  Who   eligible   to   office. 
1.3.     Residence  of  officers. 

14.  Oath  of  officers,  and  bond. 

15.  Certificate   to  be  recorded. 

16.  Officers  not  to  be   interested  In 

contracts. 

17.  Property    qualifications    for    of- 

fice   prohibited. 


Section  1.     By  whom  appointments  shall  be  made. — In  the 

absence  of  any  express  provision  in  the  laws  governing  cities  of 
the  second  class  as  to  the  manner  of  appointing  any  officer,  the 
mayor  shall  nominate,  and  with  the  consent  of  the  common  council 
appoint  such  officer.      [R.  S.  1899,  Sec.  5750]. 

Sec.  2.  Appointive  officers. — In  all  such  cities  there  shall  be 
a  city  clerk,  city  assessor  and  city  counselor,  who  shall  be  ap- 
pointed by  the  mayor,  by  and  with  the  advice  and  consent  of  the 
common  council,  and  shall  hold  their  offices  for  the  term  of  two 
years,  unless  sooner  removed,  and  who  shall  perform  such  duties 
as  may  be  prescribed  by  this  article  or  any  ordinance  of  the  city. 
[Laws  of  1901,  page  60].     (a) 


Sec.  3.  Elective  officers. — There  shall  also  be  a  judge  of  the 
police  court,  and  city  attorney,  who  shall  be  elected  by  the  quali- 
fied voters  of  said  city,  to  hold  their  offices  for  the  term  of  two 
years;   a  city  auditor  and  city  treasurer,  who  shall  hold  their  of- 

(a)  The  salary  of  an  officer  is  an  incident  to  the  office,  and  the  salary  is 
to  be  paid  him  whether  or  not  he  neglects  the  office:  Bates  v.  St. 
Louis,  153  Mo.  18;    State  ex  rel.  Walbridge,  153  Mo.  194. 

The  repeal  of  a  statute  creating  a  city  office  abolishes  the  office,  and  nec- 
essarily removes  its  incumbent:      State  ex  rel.  v.  Ratcliffe,  164  Mo.  453. 

As  to  holding  over  under  statute  like  this  see  State  ex  rel.  v.  Lund,  167 
Mo.  228. 

A  person  in  possession  of  a  public  office  has  no  such  vested  interest  or 
private  property  therein  as  to  prevent  a  modification  or  repeal  of  the 
law  which  created  the  office:     State  ex  rel.  v.  Evans,  166  Mo.  347. 


58  CHARTER 

fices  for  a  term  of  four  3'ears ;  also  a  city  comptroller,  who  shall 
be  elected  by  the  qualified  voters  of  said  city  at  the  city  election 
to  be  held  on  the  first  Tuesday  after  the  first  Monday  in  April, 
1901,  to  hold  his  office  for  a  term  of  three  years;  thereafter  the 
term  of  city  comptroller  shall  be  four  years ;  said  officers  to  hold 
their  offices  until  their  successors  are  duly  elected  and  qualified, 
and  in  addition  to  the  duties  prescribed  by  this  article  perform 
such  other  duties  as  may  be  prescribed  by  ordinance.  There  shall 
also  be  such  other  officers,  servants  and  agents  of  the  corporation 
as  may  be  provided  by  ordinance,  who  shall  perform  such  duties 
as  maj'  be  prescribed  by  ordinance.     [Laws  of  1901,  page  61]. 

Sec.  4.  Salaries  to  be  fixed  by  ordinance. — The  common 
council  shall,  at  least  as  early  as  their  regular  monthly  meeting  in 
March  next  before  each  biennial  election,  by  ordinance,  fix  the 
salary  and  fees  of  all  the  officers  for  the  next  two  fiscal  years,  and 
shall  not  increase  nor  diminish  the  salary  of  any  officer  during  his 
term  of  office.     [R.  S.  1899,  Sec.  5197]. 

Sec.  5.  General  election  to  be  held,  when. — The  general  elec- 
tion of  all  elective  officers  of  such  city  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  April,  every  two  years,  except 
as  otherwise  provided  in  this  article  in  relation  to  the  election  of 
aldermen.  Special  elections  to  fill  vacancies  shall  be  held  under 
such  regulations  as  may  be  provided  for  by  ordinance.  [R.  S. 
1899,  Sec.  5701]. 

Sec.  6.  Election  to  be  held,  how. — All  elections  shall  be  held 
under  the  general  laws  of  this  state.      [R.  S.  1899,  Sec.  5702] . 

Sec.  7.  Voting  to  be  by  ballot. — All  elections  shall  be  by 
ballot,  and  continue  for  one  day  only. —  [R.  S.  1899,  Sec.  6992]. 

Sec.  8.  Polls,  v/hen  opened  and  closed. — The  judges  of  each 
election  hereafter  to  be  held,  general  or  municipal,  shall  open  the 
polls  at  seven  o'clock  in  the  morning  and  continue  them  open  until 
six  0  'clock  in  the  evening,  unless  the  sun  shall  set  after  six,  when 
the  polls  shall  be  kept  open  until  sunset,  except  in  cities  in  the 
state  of  twenty-five  thousand  inhabitants  or  upward,  when  the 
polls  shall  be  opened  at  six  o'clock  in  the  morning  and  be  kept 
open  until  seven  o'clock  in  the  evening.     [R.  S.  1899,  Sec.  6991] . 


ART.  VI.  CITY  OFFICERS— ELECTIONS.  59 

Sec.  9.  Who  may  be  registered. — Every  male  citizen  of  the 
United  States,  and  every  person  of  foreign  birth  who  may  have  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  ac- 
cording to  law  not  less  than  one  year  nor  more  than  five  years 
before  he  offers  to  vote,  who  is  over  the  age  of  twenty-one  years, 
who  has  resided  in  this  state  one  year  next  preceding  the  election 
at  which  he  offers  to  vote,  and  during  the  last  sixty  days  of  that 
time  shall  have  resided  in  the  city,  and  during  the  last  ten  days  of 
that  time  in  the  ward  at  which  he  offers  to  vote^  who  has  not  been 
convicted  of  bribery,  perjury  or  other  infamous  crime,  nor  direct- 
ly interested  in  any  bet  or  wager  depending  upon  the  result  of  the 
election,  nor  serving  at  the  time  in  the  regular  army  or  navy  of 
the  United  States  shall  be  entitled  to  vote  at  such  election  for  all 
offices,  state  or  municipal,  made  elective  by  the  people,  or  at  any 
other  election  held  in  pursuance  of  the  laws  of  this  state ;  but  he 
ihall  not  vote  elsewhere  than  in  the  election  precinct  where  his 
name  is  registered,  and  whereof  he  is  registered  as  a  resident. 
[R.  S.  1899,  Sec.  7198]. 

Sec.  10.  Voting  precincts;  duty  of  common  council. — The 
common  council  of  every  city  in  which  registration  of  voters  may 
be  had  under  and  by  virtue  of  any  special  charter,  or  under  the 
provisions  of  this  article,  may,  by  ordinance,  provide  for  two  or 
more  voting  precincts  in  each  ward  of  such  city,  and  such  common 
council  may,  by  ordinance,  make  such  provisions  as  to  judges  and 
clerks  of  elections  and  additional  copies  of  registration  lists  and 
the  use  of  such  copies  at  such  voting  precincts  as  may  be  necessary 
in  the  premises.     [R.  S.  1899,  Sec.  7215.] 

Sec.  11.  Officers,  when  installed. — All  elective  city  officers 
provided  for  in  this  article  shall  enter  upon  the  duties  of  their  of- 
fice on  the  second  IMonday  after  the  day  of  election,  and  all  ap- 
pointed officers  shall  enter  upon  the  duties  of  their  office  as  soon  as 
appointed  and  qualified.     [R.  S.  1899,  Sec.  5526]. 

Sec.  12.  Who  eligible. — No  person  shall  be  deemed  eligible 
to  any  office  in  the  city  who  is  not  a  qualified  voter  of  said  city, 
and  who  is  not  a  citizen  of  the  United  States  and  of  the  state  of 
Missouri,  and  has  not  lived  in  the  city  one  year  next  preceding  his 
election.      [R.  S.  1899,  Sec.  5527]. 


60  CHARTER. 

Sec.  13.  Residence  of  officers. — All  officers  of  the  corporation 
shall  reside  within  the  city  limits  during  their  continuance  in  of- 
fice, and  if  any  of  them  shall  cease  to  reside  in  said  limits  his  office 
shall  be  thereby  vacated.     [R.  S.  1899,  Sec.  5552].     (b) 

Sec.  14.  Oath. — Every  officer  of  the  corporation,  before  en- 
tering upon  the  duties  of  his  office,  shall^ake  and  subscribe  an 
oath  before  some  officer  of  the  law  authorized  to  administer  oaths, 
as  prescribed  by  the  constitution  of  this  state  to  civil  officers,  and 
that  he  will  faithfully  support  this  article  and  ordinances  of  the 
city,  which  said  oath  shall  be  endorsed  upon  or  attached  to  his  cer- 
tificate of  election  or  appointment,  and  he  shall  deliver  the  same 
to  the  city  clerk ;  and  every  officer  of  the  corporation,  except  the 
mayor,  aldermen,  police  judge,  comptroller  and  all  other  persons 
required  by  law  to  give  bond  shall,  before  entering  upon  the  duties 
of  their  office,  give  bond  to  such  city  in  such  sum  as  may  be  pre- 
scribed by  ordinance,  with  securities  ajiproved  by  the  comptroller, 
conditioned  for  the  faithful  discharge  of  his  duties,  which  said 
bond  shall  be  filed  with  the  city  clerk.  For  any  breach  of  the  con- 
dition of  said  bond  suit  may  ])e  instituted  thereon  by  the  city,  or 
by  any  person  or  persons  claiming  to  have  been  injured  by  reason 
of  any  such  breach,  in  the  name  of  such  city,  for  the  use  of  such 
pei-son  or  persons.  If  any  officer  fail  to  deliver  to  the  city  clerk  a 
certificate  and  oath  as  herein  required  within  twenty  days  after 
his  election  or  appointment  the  office  to  which  he  may  have  been 
elected  or  appointed  shall  be  declared  vacated.  [R.  S.  1899,  Sec. 
5553]. 

Sec.  15.  Certificate  of  election  to  be  recorded. — It  shall  be 
the  duty  of  the  city  clerk  to  record  the  certificate  of  election  or  ap- 
pointment mentioned  in  the  preceding  section,  with  the  oath 
thereto  attached  or  thereon  indorsed,  within  ten  days  after  the 
same  is  delivered  to  him.     [R.  S.  1899,  Sec.  5554]. 

Sec.  16.  Officers  interested  in  contracts  guilty  of  misde- 
meanor.— If  any  city  officer  shall  be  directly  or  indirectly  inter- 
ested in  any  contract  under  the  city  or  any  work  done  by  the  city, 
or  in  furnishing  supplies  for  the  city  or  any  of  its  institutions  he 

(b)  What  constitutes  removal  from  ward  or  city:     State  ex  rel  v.  Dayton, 
/7    Mo.    678. 


ART.  VI.  CITY  OFFICERS— ELECTIONS.  61 

shall  be  deemed  guilty  of  a  misdemeanor ;  and  any  appointed  offi- 
cer becoming  so  interested  shall  be  dismissed  from  office  imme- 
diately by  the  mayor ;  and  upon  the  mayor  becoming  satisfied  that 
any  elective  officer  is  so  interested  he  shall  immediately  suspend 
such  officer,  and  report  the  facts  to  the  common  council,  where- 
upon the  common  council,  as  soon  as  practicable,  shall  be  con- 
vened to  hear  and  determine  the  same;  and  if,  by  a  two-thirds 
vote  of  the  common  council,  he  be  found  so  interested,  he  shall  be 
immediately  dismissed  from  such  office.  No  officer  shall  hold  two 
appointments  under  the  city  government  at  the  same  time.  [R. 
S.  1899,  Sec.  5551]. 

Sec.  17.  Property  qualification  prohibited.— It  shall  not  be 
lawful  for  the  municipal  authorities  of  any  city  or  town  in  the 
state  of  Missouri  in  any  case  to  require  any  person  to  be  the  owner 
of  real  estate  in  order  to  make  such  person  eligible  to  hold  any 
office,  or  to  be  a  member  of  any  city  or  town  council  or  municipal 
assembly,  or  judge  or  clerk  of  election  in  such  city  or  town,  and 
any  provision  in  the  charter  of  any  municipality  of  this  state 
which  requires  as  a  qualification  for  any  office,  either  elective  or 
appointive,  or  judge  or  clerk  of  election,  that  the  person  so  elected 
or  appointed  shall  be  the  owner  of  real  estate  is  hereby  declared 
inoperative  and  void.     [R.  S.  1899,  Sec.  5259]. 


62 


CHARTER. 


ARTICLE    VII. 


MAYOR. 


Section 

1.     Mayor,   election  of. 
Qualifications  of. 

3.  Tie   vote,    how   determined. 

4.  Contested   election. 
Vacancy. 
Removal  from  office. 


Section 

7.     Duties    of    mayor — may    appoint 

officers,  how,  etc. 
S.     May  call  special   meetings. 
9.     May    require    officers    to    exhibit 

accounts. 


Section  1.  Mayor,  election  of. — The  chief  executive  officer 
of  such  city  shall  be  the  mayor,  who  shall  be  elected  by  the  quali- 
fied voters  thereof,  and  who  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  duly  elected  and  qualified.  [R.  S.  1899,  Sec. 
5528]. 

S53.  2.  Qualifications  of. — No  person  shall  be  a  mayor  who 
has  not  resided  in  the  city  one  year,  and  who  does  not,  at  the  time 
of  his  election,  possess  the  qualifications  of  an  alderman,  as  here- 
inbefore defined;  nor  shall  any  person  continue  in  the  office  of 
mayor  who  shall  cease  to  possess  any  of  said  qualifications.  [R. 
S.  1899,  Sec.  5529]. 

Sec.  3.  Tie  vote;  how  determined. — ^When  two  or  more  per- 
sons shall  have  an  equal  number  of  votes,  and  more  than  any  other 
person  for  the  office  of  mayor,  the  common  council  shall  decide  the 
election.     [R.  S.  1899,  Sec.  5530]. 

Sec.  4.  Contested  election.— Whenever  an  election  for  mayor 
shall  be  contested  the  common  council  shall  determine  the  same. 
[R.  S.  1899,  Sec.  5531].     (a) 

Sec.  5.  Vacancies. — Whenever  any  vacancy  shall  happen  in 
the  office  of  mayor  it  shall  be  filled  by  election,  in  such  manner  as 
shall  be  provided  by  ordinance.     [R.  S.  1899,  Sec.  5532]. 

(a)  Contested  elections  governed  by  Revised  Statutes,  1899,  section  7029- 
and  following  sections. 


ART.  VII.  MAYOR.  63 

Sec.  6.  Removal  from  office. — The  mayor  or  other  elective 
officer  may  be  removed  from  office  for  any  misdemeanor  or  other 
offense  by  a  vote  of  two-thirds  of  the  common  council,  and  the 
ayes  and  nays  shall  be  entered  upon  the  journal.  [R.  S.  1899,  Sec. 
5533]. 

Sec.  7.  Duties  of  mayor — may  appoint  officers,  how,  etc. — 
The  mayor  may,  upon  good  cause  shown,  and  by  the  consent  of  the 
common  council,  remit  fines,  forfeitures  and  penalties  accruing 
from  or  imposed  on  account  of  the  violation  of  any  city  ordinance. 
He  shall  have  the  right  to  nominate  all  appointive  officers  and 
shall  make  such  nominations  within  ten  daj's  after  such  right  of 
appointment  accrues,  and  unless  a  majority  of  the  common  council 
shall,  within  five  days  after  such  nomination  shall  be  made,  file 
with  the  clerk  thereof,  in  writing,  and  which  the  clerk  shall  enter 
on  the  journal  their  objections  to  such  appointee,  with  specifica- 
tions thereof,  then  such  appointment  shall  be  final  and  valid.  If 
such  objections  are  so  made  then  the  mayor  shall  within  five  days 
after  notice  of  such  objections  nominate  another  person.  If  the 
mayor  shall  fail  to  make  such  nominations  within  the  time  herein 
described  then  his  power  of  appointment  as  to  that  office  shall 
cease  and  the  common  council  may  appoint.  [Laws  of  1903,  page 
73]. 

Sec.  8.  May  call  special  meetings. — The  mayor  shall  call 
special  sessions  of  the  common  council  by  proclamation.  [R.  S. 
1899,  Sec.  5535]. 

Sec.  9.  May  require  officers  to  exhibit  accounts. — He  shall 
have  power,  when  he  deems  it  necessary,  to  require  any  officer  of 
the  city  to  exhibit  Iiis  accounts  or  other  papers,  and  to  make  re- 
port in  writing,  touching  any  subject  or  matter  he  may  require 
pertaining  to  his  office.      [R.  S.  1899,  Sec.  5536] . 


64  CHARTER. 

ARTICLE    VIII. 

DUTIES    OF    OFFICERS. 


Section 

1.  Duty  of  clerk. 

2.  Of   city   engineer. 

3.  Of  judge  of  police  court. 

4.  Of  city  counselor. 

5.  Of  city  attorney. 

6.  Of  city  auditor. 


Section 

7.  Of     city    treasurer  —  ex-officio 

collector. 

8.  Of  city  comptroller. 

9.  Same,   deposit  of  city  money. 

10.  Auditing  committee. 

11.  Settlement  of  city  officers. 


Section  1.  Duty  of  clerk. — It  shall  be  the  duty  of  the  city 
clerk  to  attend  all  meetings  of  the  common  council  and  keep  a 
true  record  of  its  proceedings ;  also  to  keep  a  record  of  all  official 
acts  of  the  mayor,  and  when  necessary  to  attest  them.  He  shall 
also  keep  and  preserve  in  his  office  the  corporate  seal  of  the  city, 
all  records,  public  papers  and  documents  of  the  city  not  belonging 
to  any  other  officer.  He  shall  be  authorized  to  administer  oaths 
and  copies  of  all  papers  filed  in  his  office,  and  transcripts  from  the 
records  of  the  proceedings  of  the  common  council,  duly  certified 
by  him  under  the  corporate  seal  of  the  city,  shall  be  taken  as  evi- 
dence in  all  courts  of  this  state,  and  shall  perform  such  other  du- 
ties as  may  be  prescribed  by  ordinance.     [R.  S.  1899,  Sec.  5540] . 

Sec.  2.  Of  city  engineer. — The  city  engineer  shall  superin- 
tend the  construction  of  all  public  works  ordered  by  the  common 
council,  shall  make  out  plans,  specifications  and  estimates  thereof, 
and  do  the  surveying  and  engineering  ordered  by  the  city,  and 
perform  such  other  duties  as  may  be  prescribed  by  ordinance. 
[R.  S.  1899,  Sec.  5541]. 

Sec.  3.  Judge  of  the  police  court.— The  judge  of  the  police 
court  shall  have  exclusive  jurisdiction  over  all  cases  arising  under 
any  ordinance  of  the  city,  except  suits  brought  for  the  collection  of 
taxes  due  the  city.  Appeals  in  all  cases  tried  before  him  as  judge 
of  the  police  court  shall  be  taken  to  the  court  of  record  having 
criminal  jurisdiction  in  the  county  where  such  city  is  located.  [R. 
S.  1899,  Sec.  5542]. 


ART.  VIII.  DUTIES  OF  OFFICERS.  65 

Sec.  4.  City  counselor. — The  counselor  shall  appear  for  the 
city  and  attend  all  cases  in  all  courts  of  record  in  this  state,  where- 
in such  city  may  be  a  party  plaintiff  or  defendant,  or  a  party  in 
interest,  and  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance,  and  shall  receive  such  compensation  therefor  as  may 
be  prescribed  by  ordinance.  The  city  counselor  may  appoint  an 
assistant  city  counselor,  who  shall  hold  his  'office  subject  to  the 
pleasure  of  the  city  counselor  and  receive,  during  his  continuance 
in  office,  a  salary  not  to  exceed  fifteen  hundred  dollars  ($1,500.00) 
per  year,  payable  in  monthly  installments,  as  the  salary  of  other 
officers  are  paid.      [Laws  of  1903,  page  73]. 

Sec.  5.  City  attorney. — The  city  attorney  shall  appear  in 
the  police  court  of  such  city  and  attend  to  all  cases  of  a  criminal 
or  civil  nature  arising  in  said  court  in  which  the  city  may  be  a 
party,  or  in  any  way  interested,  and  in  any  court  of  record,  to  any 
appeal  cases  from  said  police  court,  and  shall  perform  such  other 
duties  as  shall  be  prescribed  by  ordinance,  and  such  as  may  be 
required  of  him  by  the  city  counselor,  whose  assistant  he  shall  be, 
and  for  which  service  he  shall  receive  such  compensation  as  may 
be  prescribed  by  ordinance.     [R.  S.  1899,  Sec.  5544] . 

Sec.  6.  City  auditor. — It  shall  be  the  duty  of  the  city  auditor 
to  prescribe  the  mode  of  keeping,  dating  and  rendering  all  ac- 
counts, unless  otherwise  provided  by  ordinance,  between  the  city 
and  any  person  or  body  corporate ;  he  shall  draw  warrants  upon 
the  treasurer  for  all  appropriations  made  by  the  common  council ; 
he  shall  keep  a  true  and  just  account  with  the  several  different 
revenue  districts,  the  city  treasurer,  and  the  different  funds  of 
such  city;  he  shall  extend  all  tax  rolls,  and  shall  make  reports, 
estimates  and  statements  required  of  him  by  the  common  council 
in  connection  with  the  duties  of  his  office.      [R.  S.  1899,  Sec.  5545] . 

Sec.  7.  City  treasurer — Collector. — It  shall  be  the  duty  of 
the  city  treasurer  to  receive  and  keep  the  money  of  the  city,  and 
pay  out  the  same  on  warrants  drawn  by  the  auditor  and  counter- 
signed by  the  comptroller,  and  not  otherwise.  He  shall  be  ex  of- 
ficio city  collector,  and  shall  collect  all  taxes  and  licenses  levied 
and  charged  by  such  city,  except  as  otherwise  provided  by  law  for 
collection  by  others ;  he  may  appoint  such  deputies  and  clerks  as 
may  be  allowed  by  ordinance :  Provided,  that  he  shall  be  respon- 
sible for  all  the  acts  of  his  deputies  and  clerks.     All  moneys  be- 

5 


00      ,  CHARTER. 

longing  to  the  city  and  received  by  any  officer  or  agent  thereof, 
either  from  collection,  fines  or  any  other  source,  shall  be  deposited 
in  the  city  treasury  as  often  as  once  a  week,  unless  some  law  oth- 
erwise direct.  For  all  moneys  received,  except  in  payment  of 
taxes  or  licenses,  he  shall  give  triplicate  receipts  in  all  cases,  one 
to  the  party  paying,  one  for  the  auditor  and  one  for  the  comptroll- 
er, which  shall  set  out  the  amounts  paid  and  from  what  it  pro- 
ceeds, and  to  what  account  credited ;  and  for  taxes  and  licenses 
he  shall  give  such  receipts  as  may  be  provided  by  ordinance.  [R. 
S.  1899,  Sec.  5546]. 

Sec.  8.  Of  city  comptroller. — It  shall  be  the  duty  of  the 
comptroller  to  exercise  ,a  general  supervision  over  the  collection 
and  return  into  the  treasury  and  disbursement  of  ail  revenue  and 
other  moneys  of  the  city,  and  of  the  proceedings  therefor  over  all 
property,  assets  and  claims,  and  the  custody,  sale  or  other  disposi- 
tion thereof.  He  shall  see  that  all  proper  legal  proceedings  are 
had  to  recover,  keep  and  manage  such  property  or  other  interests ; 
that  all  proper  rules  and  regulations  are  prescribed  and  observed 
in  relation  to  all  accounts,  settlements  and  reports  regarding  the 
fiscal  concerns  of  the  city;  that  no  appropriation  or  funds  are 
overdrawn  or  misapplied,  and  that  no  liability  is  incurred,  nor 
money  or  property  of  the  city  disbursed  or  disposed  of  contrary 
to  the  spirit  of  the  law  or  ordinances.  He  is  especially  charged 
with  the  preservation  of  the  credit  and  faith  of  the  city  in  relation 
to  its  bonded  debt.  The  comptroller  shall,  at  the  first  meeting  of 
the  common  council  in  each  fiscal  year,  certify  to  the  common 
council  the  amount  of  money  to  be  raised  by  taxation  for  the  pay- 
ment of  bonds  and  coupons  maturing  during  that  year,  discrimi- 
nating between  the  general  bonds  of  the  city  and  coupons  thereon, 
and  each  series  of  funding  bonds  and  coupons  thereon.  When- 
ever it  is  necessary  to  meet  payment  of  any  of  these  bonds  or  cou- 
pons at  any  other  place  than  the  office  of  the  city  treasurer  of 
such  city  he  shall,  with  the  written  approval  of  the  mayor,  make 
his  requisition  upon  the  auditor  for  a  warrant  on  the  treasurer 
for  the  purpose,  and  if  necessary  to  preserve  the  public  credit  he 
may  anticipate  any  part  of  the  annual  revenue  levied  for  the  pur- 
pose of  paying  interest,  and  may  thereon  obtain  loans  to  meet  the 
interest  on  bonds  about  to  fall  due.  The  comptroller  shall  make 
two  reports  each  year  on  the  financial  condition  of  the  city — the 
first  report  to  embrace  a  period  beginning  with  the  fiscal  year  and 


ART.  VIII.  DUTIES  OF  OFFICERS.  67 

ending  with  the  month  of  October;  the  second  report  to  include 
the  whole  fiscal  year,  and  shall  obtain  and  transmit  therewith  to 
the  common  council  the  report  of  other  fiscal  officers,  as  provided 
by  law  or  ordinance.  He  shall  provide  and  keep  in  his  office  re- 
liable and  complete  tables  of  the  finances,  property  and  assets  of 
the  city,  all  contracts,  excepting  contracts  awarded  by  the  board 
of  public  works,  names  of  contractors  and  names  of  employes,  in 
such  manner  as  to  show  the  department  in  which  they  are  em- 
ployed, their  salaries,  powers  and  duties,  and  how  appointed.  He 
may  appoint  a  deputy,  who  shall  be  a  practical  bookkeeper.  Also 
such  clerks  as  he  may  require  when  so  authorized  by  ordinance. 
He  may  administer  oaths,  and  may  require  all  claims,  settlements, 
returns  and  reports  to  be  verified  by  affidavits.  He  shall  counter- 
sign all  warrants  on  the  treasurer.  The  comptroller  shall,  before 
entering  upon  the  duties  of  his  office,  give  bond  to  such  city,  condi- 
tioned for  the  faithful  discharge  of  his  duties  in  such  sum  as  may 
be  prescribed  by  ordinance,  with  tAvo  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  mayor,  which  shall  be  filed  with 
the  city  clerk.  No  person  shall  be  elected  comptroller  who  does 
not  at  the  time  of  his  election  possess  the  qualifications  of  the 
mayor,  as  hereinbefore  defined ;  nor  shall  any  person  continue  to 
hold  office  of  comptroller  who.  shall  cease  to  possess  any  of  said 
qualifications.      [Laws  of  1901,  page  61]. 

Sec.  9.  Same,  deposit  of  city  money. — The  city  comptroller 
shall,  within  five  days  from  the  third  Monday  in  April,  1891,  and 
every  second  year  thereafter,  advertise  for  five  days  in  the  daily 
English  paper  for  the  time  doing  the  city  printing  of  such  city, 
that  he  will  receive  sealed  bids,  from  within  the  city,  for  the  de- 
posit of  all  city  moneys  during  the  ensuing  two  years,  and  until 
a  successor  shall  be  duly  selected.  All  bids  received  by  him  shall 
be  securely  sealed  and  safely  kept  until  the  first  meeting  there- 
after of  the  common  council,  at  which  meeting  the  comptroller 
shall,  in  the  presence  of  the  council,  open  said  bids,  and  with  the 
approval  of  the  common  council  award  and  let  the  deposits  to  the 
bidder  agreeing  to  pay  the  highest  rate  of  interest  therefor — the 
common  council  having  the  right  to  reject  any  and  all  bids,  in 
which  case  they  may  at  any  time  thereafter  direct,  by  resolution, 
the  city  comptroller  to  again  advertise  for  bids  in  the  same  man- 
ner as  before.  Whenever  the  common  council  shall  have  ap- 
proved any  bid  made  in  response  to  and  in  accordance  with  the 


08  CHARTER. 

advertisement  aforesaid,  aud  before  any  deposits  are  placed  by 
the  treasnrer,  the  city  comptroller  shall  require  a  contract  to  be 
executed  by  the  accepted  bidder,  to  be  approved  by  the  city  coun- 
selor, and  signed  by  the  comptroller  in  behalf  of  the  city,  which 
contract  shall  be  accompanied  by  a  bond  from  the  bidder,  to  be 
approved  by  the  common  council,  in  double  the  highest  estimated 
amount  of  deposits  during  any  month  of  such  time;  and  such 
money,  together  with  such  interest  and  profits  as  may  accrue 
•thereon,  shall  be  at  all  times  subject  to  the  sight  drafts  of  the 
city,  under  such  rules  and  regulations  as  are  or  may  be  provided 
by  the  laws  and  ordinances  of  such  cities  for  the  government  of  its 
disbursing  officers.     [R.  S.  1899,  Sec.  5547]. 

Sec.  10.  Auditing  committee. — There  shall  be  an  auditing 
committee,  composed  of  the  city  auditor  and  two  members  of  the 
common  council;  and  every  claim  against  said  city  for  money 
amounting  to  one  hundred  dollars  or  over  shall  be  passed  upon  by 
said  committee  before  an  appropriation  shall  be  made  for  the  pay- 
ment thereof.     [R.  S.  1899,  Sec.  5549]. 

Sec.  11.  Settlement  of  officers. — The  city  auditor,  city  col- 
lector, city  treasurer,  city  attorney  and  all  other  otficers  charged 
with  the  collection  or  custody  of  money  shall,  on  the  second  Mon- 
day after  the  general  election  in  April  of  each  year,  make  a  full 
and  detailed  statement  and  settlement  of  all  their  accounts,  which 
shall  show  all  moneys  received,  from  what  source,  from  whom  and 
what  for,  and  of  all  money  paid  and  to  whom  and  when,  and  for 
what  purpose  so  paid,  which  statement  shall  be  published  in  a 
newspaper  at  the  time  doing  the  city  printing ;  the  statement  re- 
quired to  be  made  by  the  city  auditor  shall  exhibit  in  full  the  re- 
sources and  liabilities  of  the  city,  together  with  the  amount  of  rev- 
enue collected  from  all  sources  during  the  preceding  fiscal  year, 
the  amount  expended  on  all  accounts  by  the  city  during  the  same 
period,  and  such  further  particulars  as  shall  be  prescribed  by  ordi- 
nance ;  and  for  any  refusal,  neglect  or  failure  to  make  such  report, 
at  the  times  and  in  the  manner  herein  prescribed,  such  officer  and 
his  securities  on  his  official  bond  shall  forfeit  and  pay  to  such  city 
a  sum  not  less  than  one  hundred  dollars  nor  more  than  one  thou- 
sand dollars ;  and  it  shall  be  the  duty  of  the  city  counselor  to  in- 
stitute and  prosecute  to  a  final  judgment  suit  at  law,  in  the  name 
of  such  city,  against  such  defendant  officer  or  officers  for  recov- 
ering of  the  same.     [R.  S.  1899,  Sec.  5550] . 


ART.  IX. 


REVENUE. 


09 


ARTICLE    IX 


REVENUE— LEVY  OF  TAXES. 


Section 

1.  No  exemption. 

2.  Maps  and  plats. 

3.  Deputy  assessors. 

4.  To    advertise,    when    lists    to    be 

made. 

5.  Assessment,  when  to  be  made. 

6.  Lists  to  embrace  what. 

7.  Assessor  to  be  at  office. 

8.  May  administer  oaths. 

9.  Assessment   of   corporation. 

10.  Same — corporation   property. 

11.  Assessments,    how   returned. 

12.  Certificate  to  be  verified. 

13.  Notice  of  board  of  appeals. 

14.  Who  constitutes  the  board. 

15.  Proceedings  of  board. 

16.  Gross  amount  of  valuation  to  be 

furnished,    levy. 

17.  Auditor  to  extend  taxes. 

18.  Tax  boolts  to  show  what. 

19.  Tax  upon   merchants. 

20.  Delinquent    taxes    to    be    carried 

forward. 

21.  Taxes  not  paid,  penalty. 

22.  Rebate  allowed,   when. 

23.  Taxes  to  be  received  on  parts  of 

lots,  when. 

24.  Receipts    to    be    given    on    pay- 

ment. 

25.  Collections  by  distress  and  sale. 

26.  Same,   delinquent  taxes. 

27.  Collector   may   call  assistance. 

28.  When  taxpayer  removes. 

29.  Shares  of  stock  may  be  sold. 

30.  Collector   to   furnish    comptroller 

list   of  unpaid   taxes. 

31.  Taxes,    when  delinquent. 

32.  City  collector  to  sell  real  estate. 

33.  Notice,   how  given. 

34.  Same,  notice,  how  given. 

35.  Sale  of  property. 

36.  The  purchaser. 

37.  The  whole  lot  may  be  sold. 

38.  City     auditor     shall     attend     all 

sales. 

39.  Sale   may   be   adjourned. 


41. 

42. 
43. 

44. 

45. 
46. 

47. 

48. 
49. 

50. 
51. 

52. 
53. 
54. 
55. 

56. 
57. 
58. 
59. 
60. 
61. 
62. 


64. 
65. 
66. 
67. 
68. 
69. 
70. 

71. 
72. 
73. 
74. 


y     be     bought     for 
collector   failing  to 


Section 

4u.     Property     mt 
city. 

Auditor   and 
attend  sale. 

Sale,  when  made  in  November. 

Certificate  of  purchase  to  be  is- 
sued. 

Duplicate  receipts  to  be  issued. 

Property  may  be  redeemed. 

Same,  how  redeemed. 

Redemption  of  property  of  min- 
ors. 

Redemption  after  deed. 

Redemption    money    to    be    paid 
over. 

Redemption  fiom  city. 

Unredeemed   property   to  be  ad- 
vertised. 

Certificate  of  publication. 

Deed,  when  to  be  made. 

Form  of  deed. 

T\^hat   proof  neces-sary  to  defeat 
title. 

Suit  to  be  commenced,  when. 

Deed  to  be  recorded,  when. 

Effect  of  recording  tax  deed. 

Taxes  paid  may  be  recovered. 

Title  shall  not  fail,  when. 

Comptroller  may  abate  tax. 

Proceedings  to  be  liberally  con- 
strued. 

Desei  iption,  how  made,  abbrevi- 
ations. 

Penalty  for  failing  of  duty. 

Sale,   when  discontinued. 

Suits  for  taxes. 

State -.lent,   when  sufficient. 

Who     o  be  defendants. 

The   judgment,    form   of. 

What   taxes   may  be   included   in 
one  suit. 

What   courts   have   jurisdiction. 

Practice  to  be  as  in  civil  cases. 

Books  to  be  received  in  evidence. 

Attorney  fee  of  ten  per  centum. 

Certain  terms  explained. 


Section   1.     Property  not  exempt.^No  person  or  property 
shall  be  exempted  or  released  from  any  burden  imposed  by  or  ac- 


70  CHARTER. 

cording  to  law.  No  general  or  special  tax  assessment,  or  interest 
or  penalty  therein,  shall  be  remitted  or  abated,  or  the  right  to  en- 
force payment  thereon  be  released,  except  in  correction  of  errors 
or  mistakes  after  the  levy  of  any  tax:  neither  the  amount  thereof 
nor  the  valuation  of  any  property  for  the  levy  shall  be  reduced, 
except  only  in  the  correction  of  clerical  errors  or  mistakes. 
*     *     *     *     *     [R.  S.  1899,  Sec.  552-1].     (a) 

Sec.  2.  Assessor  to  keep  maps,  plats,  etc. — The  city  assessor 
shall  have  charge  of  and  keep  in  his  office  all  maps,  plats,  books, 
papers,  records  and  other  property  that  may  be  provided  by  the 
city  to  aid  in  the  assessment  of  property  or  polls,  and  he  and  his 
securities  shall  be  liable  on  his  official  bond  for  the  preservation  of 
the  same  and  the  delivery  thereof  to  his  successor  in  office.  [R.  S. 
1899,  Sec.  5573]. 

Sec.  3.  Assessor  may  appoint  deputies. — The  assessor  may. 
by  an  instrument  in  writing  under  his  hand,  appoint  one  or  more 
competent  deputies,  who  shall  have  and  exercise,  under  supervis- 
ion of  the  assessor,  all  the  poAvers  and  perform  any  of  the  duties 
of  the  assessor,  and  may  remove  such  deputies  at  his  pleasure.  The 
assessor  and  his  securities  shall  be  responsible  on  his  official  bond 
for  all  acts  done  or  omitted  by  any  of  his  deputies,  in  the  same 
manner  as  for  his  own  acts  or  omissions.     [R.  S.  1899,  Sec.  5574] . 

Sec.  4.  To  advertise  when  lists  shall  be  made  out  and  deliv- 
ered.— The  assessor  shall,  at  least  ten  days  before  the  fifteenth  of 
November  in  each  year,  give  public  notice,  by  advertisement  in 
some  daily  paper  published  in  the  city,  and  also  by  hand-bills 
posted  and  circulated  throughout  the  city,  that  all  persons  owning 
or  having  in  their  possession  or  under  their  control,  whether  as 
owner  or  agent  of  another,  on  the  fifteenth. day  of  November  next 
ensuing,  personal  propel-ty  subject  to  municipal  taxation,  are  re- 

(a)  The  legislature  has  no  power  to  enact  a  law  exempting  property  from 
taxation  other  than  that  mentioned  in  the  constitution:  Constitu- 
tion, Art.  X,  Sees.  1  to  7;    Scotland  County  v.  Railway,  65  Mo.  123. 

The  constitutional  provision  is  prospective  in  its  operation  and  does  not 
repeal  prior  special  laws  exempting  property  from  taxation:  State 
ex  rel.  v.  St.  Joseph's  Convent,  116  Mo.  575. 

The  exemptions  allowed  by  the  constitutional  provision  above  referred  to 
are  provided  for  by  statute.  R.  S.  1899,  Sees.  9119,  9120.  Any  further 
exemptions  would  be  in  conflict  with  said  constitutional  limitations: 
Copcland  v.  City  of  St.  .Joseph,  126  Mo.  417;  State  v.  Wardell,  153 
Mo.  319. 


ART.  IX.  REVENUE.  71 

quired  to  deliver  to  him,  at  his  office,  on  or  before  the  fifteenth 
day  of  January  next,  lists  of  all  such  property,  classified  as  re- 
quired by  law,  with  the  true  cash  value  thereof ;  and  that  all  mer- 
chants doing  business  in  the  city  are  required  within  the  same 
time  to  furnish  to  him,  at  his  office,  a  true  statement,  verified  by 
the  oath  or  affidavit  of  such  merchant,  or  his  agent,  of  the  highest 
amount  in  value  of  all  goods,  wares  and  merchandise  owned  or 
kept  on  hand  for  sale  by  such  merchant  at  any  time  Avithin  three 
months  before  such  fifteenth  day  of  November.  [Laws  of  1905, 
page  69]. 

Sec,  5.  Assessments,  when  to  be  made. — It  shall  be  the  duty 
of  the  city  assessor,  between  the  fifteenth  of  November  and  the 
fifteenth  day  of  March  of  each  year,  to  make  and  return  to  the 
council  a  full  and  complete  assessment  of  all  property,  real  and 
personal,  in  such  city,  on  the  first  day  of  November  of  such  year, 
and  not  exempt  from  municipal  taxation,  excepting  the  goods, 
wares  and  merchandise  kept  on  hand  for  sale  by  merchants,  and 
excepting  the  property  of  corporations  whose  capital  stock  is  lia- 
ble to  taxation  at  the  cash  value  of  such  property ;  also  a  list  of  all 
merchants  doing  business  in  said  city,  with  the  cash  value  of  high- 
est amount  of  goods,  wares  and  merchandise  owned  or  kept  on 
hand  for  sale  at  any  time  within  three  months  before  the  fifteenth 
day  of  November  of  such  year.  All  real  estate  assessed  shall  be 
returned  in  one  book,  and  all  other  lists  in  one  book  under  sepa- 
rate headings.  Such  books  shall  contain  appropriate  blank  col- 
umns for  the  extension  of  all  taxes  therein,  and  shall  be  certified, 
verified  and  returned  as  hereinafter  provided.  [Laws  of  1905, 
page  70].     (b) 

Sec.  6.  Lists  to  embrace  what. — It  shall  be  the  duty  of  every 
person  owning  or  having  under  his  control  any  personal  property 
subject  to  municipal  taxation  for  any  fiscal  year  to  deliver  to  the 
city  assessor,  at  his  office,  on  or  before  the  fifteenth  day  of  January 
next  preceding  such  fiscal  year,  a  true  and  complete  list  thereof, 
with  the  actual  cash  value  of  such  property,  stating  in  such  list : 

(b)   A  valid  assessment   is   a  prerequisite  to   the  lav/ful  exercise  of  the 

power  of  taxation:     Abbott  v.  Lindenbower,  42  Mo.  162:   State  ex  rel. 

Wyatt  V.  Wabash  Ry.  Co.,  114  Mo.  1;  St.  Louis  v.  Wenneker,  145  Mo. 

230;  State  ex  rel.  v.  Thompson,  149  Mo.  441;  State  ex  rel.  v.  Mission 

Free  School,  162  Mo.  332. 
A  mere  irregularity  in  making  the  assessment  cannot  affect  the  validity 

of  the  tax:     State  ex  rel.  v.  Stamm,  165  Mo.  73. 


72  CHARTER. 

I.  The  number  of  horses  and  other  live  stock  and  the  value 
thereof. 

II.  The  number  of  carriages  and  vehicles  of  every  descrip- 
tion, and  the  value  thereof. 

III.  The  amount  and  value  of  all  household  goods  and  prop- 
erty. 

IV.  The  amount  of  money  and  credits  of  every  description. 

V.  The  number  and  value  of  all  watches  and  other  jewelry- 

VI.  The  amount  of  stock  or  shares  in  any  company  or  cor- 
portion  not  required  by  law  to  be  otherwise  listed. 

VII.  All  other  personal  property  subject  to  taxation  by  the 
city,  and  the  value  thereof,  so  belonging  to  him  or  under  his  con- 
trol on  the  first  day  of  November  of  such  year.  [Laws  of  1905, 
page  70]. 

Sec.  7.  Assessor  shall  attend  his  office,  when. — On  and  after 
the  fifteenth  day  of  November  the  assessor  shall  attend  at  his  of- 
fice, and  keep  the  same  open  himself  or  by  some  one  of  his  depu- 
ties, on  every  week  day,  up  to  and  including  the  fifteenth  day  of 
January  following,  from  the  hours  of  eight  in  the  forenoon  till 
five  o'clock  in  the  afternoon,  for  the  purpose  of  receiving  the  lists 
of  property  and  statements  of  merchants  and  others  by  this  arti- 
cle required  to  be  delivered  to  him,  and  shall,  at  all  times,  keep  on 
hand  and  furnish  to  persons  lawfully  requiring  the  same  all  nec- 
essary bhmks  and  forms  of  lists  and  statements  required  by  this 
article.     [Laws  of  1905,  page  70]. 

Skc.  8.  He  may  administer  oaths. — The  assessor  and  his  dep- 
uties shall  be  authorized  to  administer  oaths  and  affirmations,  and 
he  may  require  any  person  to  verify,  by  affidavit,  any  list  nuide  by 
hi  III  :  tnd  may  also  examine  on  oath  any  person  touching  the  per- 
sonal property  for  which  he  is  liable  to  be  assessed,  or  the  value 
thereof,  or  the  amount  of  goods,  wares,  merchandise  owned  or 
kept  by  him  as  merchant ;  and  may,  by  a  notice  delivered  to  any 
person  or  left  at  his  residence,  office  or  place  of  business,  require 
such  person,  within  five  days,  to  deliver  to  him  at  the  assessor's 


ART.  IX,  REVENUE.  73 

office  any  list  or  statement  necessary  for  the  purpose  of  making 
the  assessment,  and  to  verify  the  same  by  affidavit ;  and  any  per- 
son failing-  or  refusing  to  verify  such  list  when  thereto  requested 
by  the  assessor,  or  to  be  examined  or  answer  on  oath  regarding 
his  property  and  merchandise,  when  thereto  requested  by 
the  assessor,  or  to  deliver  and  verify  such  list  and  statement 
when  notified  by  the  assessor  so  to  do,  shall  forfeit  to  the  city  the 
sum  of  one  hundred  dollars,  to  be  recovered  in  an  action  therefor 
in  the  name  of  the  city,  to  be  instituted  under  the  direction  of  the 
comptroller  before  the  city  recorder,  or  any  court  of  competent 
jurisdiction ;  and  the  assessor  shall  assess  such  person  according 
to  the  best  information  he  can  get,  without  stating  the  kind  of 
personal  property  as  provided  in  section  6.  [R.  S.  1899,  Sec. 
5579].     (c) 

Sec.  9.  Assessment  of  corporations. — The  property  of  all  cor- 
porations and  companies,  excepting  the  personal  property  of  in- 
corporated banks,  shall  be  assessed  and  taxed  as  the  property  of 
individuals  is  assessed  and  taxed.  All  shares  of  stock  of  incor- 
porated banks,  whether  organized  under  the  laws  of  this  state  or 
the  United  States,  shall  be  assessed  at  their  actual  cash  value.  The 
president  or  other  chief  officer  of  any  such  bank  shall  each  year 
within  the  time  prescribed  by  law  for  listing  personal  property, 
under  oath,  deliver  to  the  assessor  a  list  of  all  shares  of  stock  held 
therein  and  the  names  of  the  persons  holding  same  on  the  fifteenth 
day  of  November,  together  with  a  list  of  all  real  estate  belonging 
to  such  corporation,  and  lying  within  the  limits  of  the  city,  which 
real  estate  shall  be  listed,  assessed  and  taxed  as  other  real  estate 
is ;  and  he  shall  also  state  upon  oath  the  actual  cash  value  of  such 
stocks,  and  such  stock  shall  be  assessed  at  its  actual  cash  value  to 
the  owners  thereof  as  other  personal  property  is  taxed,  in  one  list 
by  itself  on  the  personal  property  tax-book  of  the  assessor,  in  a 
column  headed  by  the  name  of  the  bank  whose  stock  is  thus  as- 

(c)  A  clerical  error  in  the  date  of  the  assessor's  affidavit  will  be  disre- 
garded:    State  ex  rel.  v.  Hurt,  113  Mo.  90. 

Where  the  taxpayer  is  not  found  at  his  residence  or  place  of  business, 
the  right  to  assess  for  taxation  attaches  upon  the  leaving  of  the  re- 
quired notice  at  either  place,  the  taxpayer  failing  to  respond  thereto: 
State  ex  rel.  v.  Cummings,  151  Mo.  49. 

An  assessment  in  such  case,  of  a  lump  sum  instead  of  listing  the  items  of 
property,  is  a  mere  irregularity:  State  ex  rel.  v.  Cummings,  151 
Mo.  49. 


74  CHARTER. 

sessed  and  taxed.  Thp  taxes  assessed  on  shares  of  stock  em- 
braced in  such  list  shall  be  paid  by  the  corporation  respectively 
as  agents  of  each  of  its  shareholders,  and  shall  be  a  lien  upon  such 
shares  from  the  fifteenth  day  of  Nevember  before  the  fiscal  year 
for  which  the  same  are  assessed,  and  these  corporations  may  re- 
cover from  the  owners  of  such  shares  the  amounts  so  paid  by  them, 
or  deduct  the  same  from  the  dividends  accruing  on  such  shares; 
and  the  amount  so  paid  shall  be  a  lien  on  such  shares  respectively 
from  the  date  aforesaid,  and  shall  be  paid  before  a  transfer  thereof 
shall  be  made.  If  any  president  or  other  chief  officer  of  any  such 
corporation  fail  to  comply  with  the  provisions  of  this  section  he 
shall  forfeit  to  the  city  the  sum  of  one  thousand  dollars,  to  be  re- 
covered by  the  city  as  plaintifit;  in  any  court  of  competent  jurisdic- 
tion, and  the  assessor  shall  proceed  to  assess  the  stock  of  such 
corporation  as  nearly  correct  as  he  may  be  able  to  do ;  and  if  in 
any  manner,  by  reason  of  a  former  defective  assessment,  or  of  a 
non-assessment  of  the  whole,  or  any  part  of  the  stock  of  anj^  bank 
within  any  previous  period  of  five  years,  the  tax  on  such  stock  has 
not  or  could  not  be  collected  then  the  assessor  shall  in  any  subse- 
quent year,  within  the  term  of  five  years,  assess  such  stock  accord- 
ing to  his  best  knowledge  of  the  owners  thereof  who  should  have 
been  assessed  at  the  date  of  such  new  assessment,  or  such  defective 
assessment,  was  or  should  have  been  made ;  and  such  additional 
assessment  list  shall  be  entered  in  a  list  by  itself  on  the  personal 
property  tax-book,  in  a  column  headed  by  the  name  of  the  bank 
whose  stock  is  so  assessed,  and  showing  that  it  is  for  the  back 
years  intended.     [LaAvs  of  1905,  page  71] .     (d) 

(d)  A  railroad  company  whose  stock  is  hy  law  exempt  from  taxation 
cannot  be  taxed  on  property  owned  and  used  by  it  in  the  operation 
of  its  railway  and  necessary  for  that  purpose.  The  stock  is  but  the 
representative  of  the  property:  Scotland  County  v.  Railroad,  65 
Mo.  123. 

The  shares  of  stock  in  national  banks  are  liable  to  assessment  and  taxa- 
tion in  this  state:  Lionberj?er  v.  Rowse,  43  Mo.  67;  National  Bank  v. 
Meredith,  44  Mo.  500;  Curtis  v.  Ward,  58  Mo.  295;  The  State  ex  rel. 
V.  Catron,  118  Mo.  285. 

A  city  of  the  second  class  is  empowered  by  the  statutes  to  tax  shares 
of  stock  in  a  business  corporation  owned  by  a  resident  of  the  city, 
where  the  property  of  the  corporation  is  without  the  jurisdiction  of 
the  city  and  cannot  be  taxed  by  it.  And  it  makes  no  difference  that 
the  property  of  the  corporation  is  located  in  another  state  and  taxed 
there:  Ogden  v.  City  of  St.  .loseph.  90  Mo.  522:  State  ex  rel.  v.  Catron, 
118  Mo.  284;  see  School  Dist.  v.  Wickersham,  34  App.  340;  Valle  v. 
Ziegler,  84  Mo.  218. 


ART.  IX.  REVENUE. 


to 


Sec.  lU.  Taxation  of  railroad,  telegraph  and  bridge  compa- 
nies.— Upon  all  property  owned  by  any  railroad,  telegraph  or 
bridge  company  within  such  city,  subject  to  taxation  for  state  and 
county  purposes,  upon  which  a  city  tax  has  heretofore  been  levied 
and  collected  by  county  officers,  such  city  is  hereby  empowered  to 
levy  and  collect  taxes  upon  such  property  in  the  same  manner  that 
taxes  are  levied  and  collected  upon  other  property  within  the  city ; 
and  the  valuation  upon  which  a  tax  may  be  levied  and  collected 
shall  be  the  last  valuation  fixed  by  the  state  board  of  equalization 
prior  to  January  first  of  each  year.      [R.  S.  1899,  Sec.  5583]. 

Sec.  11.  Assessments,  how  returned. — The  assessor  shall  re- 
turn on  his  assessment  book  of  real  property,  in  tabular  form,  each 
parcel  of  real  estate  subject  to  taxation,  with  the  description  and 
value  thereof  in  numerical  order  as  to  the  lots  and  blocks^  or  sec- 
tions or  subdivisions  thereof,  and  in  a  separate  column  the  value 
attached  by  the  assessor  to  each  parcel  or  description.  When  any 
property  is  not  laid  off  in  lots  or  blocks  the  assessor  shall  describe 
the  same  by  any  pertinent  description,  and  for  the  purpose  of  such 
description  may  require  the  owner  thereof  to  furnish  such  descrip- 
tion. It  shall  be  the  duty  of  all  the  owners  of  property  not  so 
laid  off  in  lots  or  blocks  to  furnish  to  the  assessor  a  sufficient  de- 
scription thereof,  and  in  the  case  of  the  failure  of  any  such  owner 
to  furnish  such  descrii^tion  at  least  fifteen  days  before  the  time 
fixed  for  the  return  of  the  assessment  the  assessor  may  require  the 
city  engineer  to  make  and  return  to  him  a  survey  of  such  property, 
and  the  expense  of  such  survey  shall  be  returned  by  the  assessor, 
together  with  his  assessment  of  the  property,  and  shall  be  added  to 
the  tax  to  be  levied  upon  the  property,  and  collected  as  a  part 
thereof.  The  owner  of  an  undivided  interest  in  any  parcel  of 
land  may  furnish  to  the  assessor,  at  any  time  before  his  assess- 
ment is  returned,  a  description  of  such  parcel,  with  the  amount  of 
his  interest  therein,  and  the  assessor  shall  then  assess  such  undi- 
vided interest  with  the  name  of  the  owner  thereof  as  a  separate 
parcel ;  but  unless  such  description  and  statement  is  so  furnished 
the  assessor  shall  not  be  required  to  make  such  separate  assess- 
ment. The  assessor  shall  number  each  parcel  of  land  assessed  in 
the  order  of  the  same  upon  the  assessment  book.  If  the  assessor 
shall  discover  that  any  real  or  personal  property  Avhich  was  sub- 
ject to  taxation  for  any  previous  year  was  not  assessed,  or  for  any 
cause  has  escaped  taxation  for  such  year,  it  shall  be  the  duty  of 


7'3  CHARTER. 

the  assessor,  in  additiou  to  the  assessment  for  the  then  ensuing 
year,  to  assess  such  property  for  the  year  or  years  in  which  the 
same  was  untaxed.     [R.  S.  1899,  Sec.  5581].     (e) 

Sec.  12.  Affidavit  to  return  of  certiiicate. — Upon  the  comple- 
tion of  his  assessment  the  assessor  shall  endorse  upon  each  of  his 
assessment  books  his  certificate  that  he  has  made  diligent  efforts 
to  ascertain  all  taxable  property  of  the  class  or  kind  assessed  in 
such  book  and  all  persons  liable  to  poll  tax  for  the  fiscal  year, 
being  or  situate  in  the  city,  and  that  so  far  as  he  has  been  able  to 
ascertain  the  same  is  correctly  set  forth  in  the  book,  which  certifi- 
cate he  shall  verify  by  his  affidavit,  and  then  return  the  assessment 
to  the  council  by  delivering  the  same  to  the  city  clerk  at  his  office. 
[R.  S.  1899,  Sec.  5582]. 

Sec.  13.  Notice  of  sitting  of  board  of  appeals. — The  city 
clerk  shall  cause  to  be  published,  in  at  least  one  newspaper  pub- 
lished in  said  city,  and  for  at  least  five  days  before  the  day  fixed 
by  law  for  the  sitting  of  the  board  of  appeals,  a  notice  to  all  tax- 
payers of  the  city  that  the  board  of  appeals  will  hold  its  annual 
session  on  the  days  prescribed  by  law,  and  stating  the  place  where 
such  board  will  hold  its  session,  and  that  in  the  meantime  the 
assessment  for  the  ensuing  fiscal  year  will  be  open  to  the  inspec- 
tion of  the  public  at  the  office  of  the  city  clerk.  [R.  S.  1899,  Sec. 
5584]. 

Sec.  14.  Board  of  appeals — sessions,  when  held. — The  mayor, 
comptroller  and  the  alderman  who  is  the  chairman  of  the  finance 
committee  shall  be  and  constitute  the  board  of  appeals  and  com- 
plaints of  any  party  aggrieved  by  the  assessment  as  made  by  the 
assessor;  a  majority  of  the  members  of  said  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  Said  board  shall 
hold  its  session  in  each  year  for  not  more  than  twelve  nor  less  than 
six  days,  beginning  on  the  fourth  Monday  in  March  in  each  year; 
said  alderman  shall  receive  five  dollars  per  day  for  his  services 
on  such  board.     [U.  S.  1889,  Sec.  5585]. 

Sec.  15.  Proceedings  of  board  in  equalizing  assessments.— 
The  city  clerk  shall  delivei-  to  the  board  of  appeals  the  assess- 

(e)   Cape  Girardeau  v.  Biiehrmann,  148  Mo.  198. 


ART.  IX.  REVENUE.  77 

meut  books  on  the  first  day  of  the  session  of  said  board,  and  he 
shall  act  as  clerk  of  said  board.  Any  person  aggrieved  by  an 
error  in  the  assessment  may  make  his  complaint  or  appeal  on  ac- 
count of  such  error  in  writing.  The  board  shall  hear  and  de- 
termine the  same  summarily,  and  may  examine  the  person  appeal- 
ing and  any  other  person  on  oath  touching  the  matter  complained 
of.  and  shall  have  power  to  compel  attendance  of  witnesses  and 
production  of  books  and  papers,  and  to  this  end  the  chief  of  police 
of  the  city  shall  execute  such  process  as  may  be  issued  by  said 
board.  If  they  propose  to  increase  the  assessment  in  any  case 
they  shall  cause  notice  thereof  to  be  served  upon  the  owner  (or 
his  agent  or  representative)  of  such  property,if  within  the  city, 
who  shall  have  the  right  to  be  heard  upon  such  proposed  increase. 
If  the  board  shall  find  any  error  in  the  assessment  they  shall  order 
the  same  to  be  changed  and  corrected,  and  for  the  purpose  of 
making  the  same  fair  and  just  may  increase  or  diminish  the  val- 
uation of  any  property  to  its  fair  cash  value.  The  assessor  shall 
also  attend  upon  the  sessions  of  the  board,  and  make  such  cor- 
rections on  the  assessments  as  may  be  ordered  by  the  board ;  such 
correction  shall  not  be  made  by  an  erasure  or  interlineation,  but 
be  placed  in  a  column  opposite  original  valuation,  and  the  change 
in  valuation  of  each  class  placed  over  same  in  red  ink.  [R.  S. 
1899,    Sec.    5586].     (f) 

Sec.  16.  Assessments  upon  which  levy  shall  be  made — pro- 
ceedings.— At  the  first  meeting  of  the  common  council  for  each 
fiscal  year  the  city  clerk  shall  present  to  the  council  the  assess- 
ment and  an  abstract  of  the  gross  amount  of  the  valuation  of 
real  estate,  personal  property,  goods,  wares  and  merchandise  of 
merchants,  taxable  premiums  of  insurance  companies,  and  the 
number  of  polls  as  shown  thereby,  upon  which  the  council  shall 
proceed,  by  ordinance,  to  levy  the  taxes  for  the  fiscal  year :  Pro- 
vided, that  if  the  proposition  to  organize  as  a  city  of  the  second 
class  is  adopted  betAveen  the  first  day  of  January  and  the  first 

(f)   Board   has   no  power   to   add   property  to   list  returned   by  assessor: 

State  ex  rel.  v.  Cunningham,  153  Mo.  642. 
Board  acts  judicially:      Black  v.  McGonigle,  103  Mo.  192:  St.  Joseph  Lead 

Co.  V.  Simms,  108  Mo.  222;   State  ex  rel.  v.  Vaile,  122  Mo.  33. 
Certiorari  the  proper  remedy  to  review  an  increase  of  assessment,  when: 

State  ex  rel.  v.  Springer,  134  Mo.  212;  Railroad  v.  Board,  64  Mo.  294; 

State  V.  County  Court,  69  Mo.  454;   State  ex  rel.  v.  Bank  of  Neosho, 

120  Mo.  161. 


78  CHARTER. 

meeting  of  the  council  aforesaid  the  levy  herein  required  shall 
be  made  for  the  lirst  liscal  year  only,  upon  the  last  assessment  un- 
der the  law  in  force  in  such  city,  and  the  books  containing  such 
assessment  of  real  and  personal  property  and  polls  shall  be  by  the 
collector,  city  assessor,  or  other  proper  officer,  furnished  to  the 
council  before  the  time  for  making  the  levy  aforesaid,  by  deliv- 
ering the  same  to  the  city  clerk  and  auditor,  for  the  purpose  in 
this  section  prescribed,  which  said  assessment  so  adopted  shall  be 
the  assessment  for  that  year,  and  for  the  purposes  of  this  article 
and  the  levy  aforesaid  shall  be  as  valid  and  effectual  as  though 
it  had  been  made  under  and  according  to  the  provisions  of  this 
article.  It  shall  be  the  duty  of  the  city  register,  assessor  or  other 
proper  officer  or  officers  in  office  at  the  time  of  said  adoption, 
whose  duty  it  is  or  was  to  take,  receive  or  have  in  charge  the 
statement  of  goods,  wares  and  merchandise  of  merchants  and  tax- 
able premiums  of  insurance  companies  to  furnish  said  statements 
to  the  city  clerk  aforesaid,  at  or  before  the  tirst  meeting  of  the 
council  as  herein  provided,  upon  which  said  statements  the  taxes 
for  the  first  fiscal  year  shall  be  levied  as  provided  in  this  article ; 
and  said  levy  shall  have  the  snmo  validity  and  effect  that  it 
would  have  had  if  said  statements  had  been  made  under  and  ac- 
cording to  the  provisions  of  this  article.  After  the  levy  afore- 
said the  city  auditor  shall,  in  addition  to  his  duties  prescribed  in 
section  17,  cause  said  assessment  to  be  transcribed  into  two  as- 
sessment books,  as  named  in  said  section,  and  in  appropriate  form. 
[R.  S.  1899,  Sec.  5572]. 

Sec.  17.     Assessment  to  be  delivered  to  auditor,  when. — On 

the  day  next  after  the  passage  and  approval  of  an  ordinance  levy- 
ing the  taxes  of  any  fiscal  year  the  city  clerk  shall  deliver  to  the 
city  auditor  the  assessment  for  such  year,  and  also  a  certified  copy 
of  such  ordinance  levying  the  taxes  for  that  year.  The  auditor 
shall  forthwith  proceed  to  extend  the  taxes  for  the  year  upon  the 
assessment  books  in  appropriate  columns  therein  to  be  left  for  that 
purpose;  and  shall  also  enter  opposite  each  parcel  of  real  estate 
in  a  column  for  that  purpose  any  delinquent  tax  upon  such  i)ar- 
cel  required  by  law  to  be  so  entered;  and  shall  also  extend  upon 
said  book  against  any  parcel  returned  by  the  assessor  as  untaxed 
for  any  year,  or  years,  the  amount  of  the  tax  for  such  year  or 
years  for  which  the  same  was  untaxed,  according  to  the  rate  of 
taxation,  as  prescribed  by  ordinance  for  such  year.     In  extending 


ART.  IX.  REVENUE.  79 

the  taxes  upon  personal  property  it  shall  only  be  necessary  for  the 
auditor  to  extend  the  same  upon  the  gross  amount  assessed 
against  each  person.  After  so  extending  such  taxes  and  entering 
the  delinquent  taxes  required  to  be  entered  the  auditor  shall  foot 
up  the  gross  amount  of  all  taxes  as  shown  by  the  books,  upon 
real  estate,  the  amount  of  all  taxes  upon  personal  property,  mer- 
chants' license  taxes,  foreign  insurance  companies'  taxes  and  poll 
taxes  for  the  fiscal  year ;  and  also  the  gross  amount  of  all  said  sev- 
eral kinds  of  taxes  as  shown  by  the  books ;  and  also  of  all  taxes 
for  previous  years  for  which  property  was  untaxed,  and  finally 
shall  foot  up  the  gross  amount  of  all  taxes  of  whatever  nature  for 
the  fiscal  year  and  prior  years,  and  delinquent  taxes,  and  shall 
enter  such  footings  in  said  books  in  their  appropriate  places ;  and 
shall  also  make  an  abstract  thereof  at  the  end  of  the  personal  tax 
book.  He  shall  then  append  to  said  books  his  certificate  to  the 
effect  that  the  taxes  therein  contained  are  truly  and  correctly  ex- 
tended and  entered  according  to  the  assessment  of  the  property, 
the  ordinances  levying  the  taxes  for  the  fiscal  year,  and  all  laws 
and  ordinances  regulating  such  entries.  The  book  containing  the 
assessment  and  taxes  upon  real  estate,  when  so  extended  and 
certified,  shall  be  entitled  and  called  "Land  Tax  Book  of  19 — , " 
and  the  book  containing  the  assessment  and  taxes  upon  personal 
property,  merchants'  licenses,  foreign  insurance  companies  and 
polls  shall  be  entitled  and  called  "Personal  Tax  Book  of  19 — ^. " 
The  auditor  shall  also  make  out  licenses  for  each  merchant  taxed 
as  such  for  the  fiscal  year  in  such  form  as  may  be  prescribed  by 
ordinance.  The  auditor  shall,  on  or  before  the  fifth  day  of  May 
in  each  year,  deliver  the  books  and  merchants'  licenses  for  such 
year  to  the  city  collector,  taking  therefor  his  receipt,  which  re- 
ceipt shall  state  the  gross  amount  of  all  such  taxes  contained  in 
said  books,  and  also  the  amount  of  each  separate  class  of  taxes 
as  shown  by  the  footings  of  the  auditor  of  the  same,  which  receipt 
the  auditor  shall  safely  keep  in  his  office.  [Laws  of  1905,  page  72]. 

Sec.  18.  Tax  books  to  show  what. — The  tax  books  shall  show 
in  one  column  the  gross  amount  of  such  taxes  against  each  parcel 
of  real  estate  or  on  personal  property  against  the  owner  or  own- 
ers thereof.  If  any  parcel  of  land  has  been  or  shall  be  bid  off 
for  the  city  for  delinquent  taxes,  such  taxes  may  be  carried  for- 
ward on  any  subsequent  land  tax  book  by  entering  and  stating 
against  the  parcel  of  land  the  bidding  off  for  the  city,  the  year  in 


80  CHARTER. 

which  it  WHS  clone,  and  the  gross  amount  of  the  taxes  for  which  it 
was  sold,  not  including  interests  and  costs,  but  a  certificate  of 
sale,  based  on  such  bidding  off,  may  at  any  time  be  issued,  after 
such  entry,  with  the  same  force  and  effect  as  before.  It  shall  not 
be  necessary  to  name  the  owner  of  any  real  estate  in  any  assess- 
ment, land  tax  book,  notice,  sale  book,  paper  or  document.  [R.  S. 
1899,  Sec.  5588]. 

Sec.  19.  Tax  upon  merchants. — The  tax  to  be  levied  upon 
merchants  shall  be  levied  at  the  same  time  and  at  the  same  rates 
as  that  levied  upon  real  estate  for  the  same  fiscal  year,  and  shall 
be  collected  bj'  way  of  a  license  tax,  and  shall  be  assessed,  levied 
and  collected  in  the  manner  now  or  hereafter  to  be  prescribed  by 
ordinance  not  incons. stent  with  this  article;  and  the  council  shall 
have  power  to  pass  such  other  ordinances  for  the  assessing,  levy- 
ing and  collecting,  and  enforcing  the  payment  of  such  license  tax, 
not  inconsistent  with  this  article  as  they  may  deem  necessary.  [R. 
S.  1899,  Sec.  5589].     (g) 

Sec.  20.  Carrying  forward  delinquent  tax  lists. — In  extend- 
ing the  land  tax  book  the  city  auditor  shall  make  entries  in  prop- 
er spaces  or  columns  against  each  lot  or  tract  of  land  therein  de- 
scribed of  all  unpaid  delinquent  taxes  and  special  assessments  on 
each  lot  or  tract,  so  that  the  land  tax  book  of  each  year  shall  be  a 
record  both  of  the  taxes  levied  in  the  year  in  which  the  same  may 
be  made  out,  and  also  of  all  delinquent  unpaid  taxes  and  special 
assessments  heretofore  levied  on  each  lot  or  tract  of  land  de- 
scribed in  the  book,  and  the  amount  of  back  taxes  paid  for  each 
year.  Any  other  method  than  that  prescribed  in  this  section  for 
carrying  forward  and  entering  in  the  land  tax  book,  from 
year  to  year,  delinquent  taxes  and  special  assessments 
may  be  used  and  shall  be  valid.  In  any  book,  notice, 
advertisement,  certificate  of  purchase,  deed,  paper,  receipt  or  doc- 
ument of  any  nature  or  description,  made  or  executed  under  or 
pursuant  to  this  article,  it  shall  be  sufficient  to  designate  or  de- 
nominate delinquent  tax  or  special  assessment  as  the  taxes  or 
special  assessments  of  or  for  the  calendar  year  in  which  the  same 
may  have  been  levied,  although  the  same  may  have  been  levied  for 

(g)  Tax  paid  by  merchant  under  this  article,  not  a  license  tax,  but  a  per- 
sonal property  tax:  Cape  Girardeau  v.  Riley,  72  Mo.  220;  Kansas  City 
V.  .Johnson,  'iS  Mo.  661;  State  v.  Bixman,  162  Mo.  65. 


ART.  IX.  REVENUE.  81 

a  fiscal  year  of  the  city  covering  parts  of  two  calendar  years.  [R. 
S.  1899,  Sec.  5591]. 

Sec.  21.  Taxes  to  be  paid,  how.— No  demand  of  taxes  shall 
be  necessary,  but  it  is  the  duty  of  every  person  subject  to  taxation 
to  attend  at  the  office  of  the  city  collector,  unless  otherwise  pro- 
vided by  ordinance,  at  some  time  between  the  first  day  of  May  and 
the  first  day  of  September  in  each  year  and  pay  his  taxes;  and 
if  any  one  neglects  to  pay  them  before  the  first  day  of  September 
following  the  levy  of  the  tax  the  same  shall  be  delinquent  and 
bear  interest  thereafter  at  the  rate  of  twenty-four  per  centum  per 
annum.     [R.  S.  1899,  Sec.  5592] .     (h) 

Sec.  22.  Rebates  on  pre-payments. — Any  person  paying  taxes 
for  any  fiscal  year  in  the  year  for  which  such  taxes  were  levied 
shall  be  entitled  to  receive,  and  it  is  hereby  made  the  duty  of  the 
city  collector  to  allow  such  persons  a  rebate  on  such  taxes  so  paid, 
as  follows :  On  all  such  taxes  paid  in  the  month  of  May  a  rebate 
of  two  per  cent ;  and  on  all  such  taxes  paid  in  the  month  of  June 
a  rebate  of  one  per  cent;  but  no  rebate  shall  be  allowed  on  any 
such  taxes  paid  after  the  month  of  June.  [Laws  of  1903,  page 
74]. 

Sec.  23.     Taxes  to  be  received  on  parts  of  lots  and  parcels.— 

The  collector  shall  receive  taxes  on  parts  of  any  lot,  piece  or  par- 
cel of  real  property  charged  with  taxes:  Provided,  the  person 
paying  such  tax  shall  furnish  a  particular  specification  of  the  part, 
and  if  the  tax  on  the  remainder  of  such  lot  or  i^areel  of  real  prop- 
erty shall  remain  unpaid  it  shall  be  the  duty  of  such  collector  to 
enter  such  specification  in  the  land  tax  book,  to  the  end  that  the 
part  on  which  the  tax  remains  unpaid  may  be  clearly  shown.  If 
payment  is  made  on  an  undivided  share  or  interest  of  real  prop- 
erty such  collector  shall  enter  in  the  land  tax  book  the  name  of 
the  owner  of  such  share,  so  as  to  designate  upon  whose  and  what 

(h)  Taxes  paid  under  mistake  of  law  cannot  be  recovered.  Couch  v. 
Kansas  City,  127  Mo.  4.36;  but  where  a  city  had  unlawfully  extended 
its  limits,  and  exacted  of  plaintiff  the  payment  of  a  license  tax,  and 
police  officers  threatened  him  with  immediate  arrest  and  the  closure 
of  his  place  of  business  unless  the  taxes  were  paid,  held  that  the 
payment  of  the  license  tax  was  not  voluntary,  but  made  under  duress, 
and  could  be  recovered  back:     Douglas  v.  Kansas  City,  147  Mo.  428. 

Charter  governs   rate  of  interest  on   delinquent  taxes:     Kansas   City  v. 
Payne,  71  Mo.  159;  Westport  ex  rel.  v.  McGee,  128  Mo.  152. 
6 


82  CHARTER. 

interest  the  tax  has  been  paid.  Any  person  may  also  pay  the 
taxes  or  special  assessments  of  any  year  or  years  on  any  lot  or  par- 
eel  of  real  property,  leaving  unpaid  any  other  taxes  or  special  as- 
sessments on  such  real  property  appearing  by  the  land  tax  book  to 
be  a  charge  on  same :  Provided,  however,  that  the  city  collector 
shall  not  be  bound  to  accept  or  receipt  for  any  part  of  the  taxes 
or  of  any  special  assessment  of  any  year.      [R.  S.  1899,  Sec.  5594]. 

Sec.  24.  Receipt  to  be  given  on  payment. — When  any  person 
shall  pay  any  tax  or  special  assessment  it  shall  be  the  duty  of  the 
collector  to  sign  a  receipt  therefor,  specifying  the  name  of  the 
person  for  whom  paid,  the  date  and  amount  paid  on  each  tract  or 
parcel  of  real  property,  the  amount  paid  on  personal  property,  all 
interest  and  costs,  if  any,  and  the  year  or  years  paid  for,  which 
receipt  the  city  collector  shall  immediately  deliver  to  the  city 
auditor,  whose  duty  it  shall  be  to  countersign  and  deliver  the 
same  to  the  paj^er,  first  making  therefrom  a  permanent  record  or 
account,  showing  all  the  facts  to  be  stated  in  such  receipt,  as 
aforesaid,  so  that  such  record  will  show  the  amount  collected  by 
the  city  collector  each  day,  and  the  rebates  or  interests  and  costs, 
if  any,  on  the  same.  The  city  collector,  upon  receiving  any  tax  or 
special  assessment,  shall,  before  delivering  the  receipt  to  the 
auditor,  mark  the  same  paid  and  date  of  payment  in  the  proper 
tax  book.  If  the  city  collector  or  city  auditor  shall  fail  or  neg- 
lect to  perform  any  of  his  duties,  as  prescribed  in  this  section,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment.      [R.  S.  1899,  Sec.  5595]. 

Sec.  25.  Collections  by  distress. — If  any  taxes  on  personal 
property  shall  remain  unpaid  on  the  first  day  of  September  it  is 
hereby  made  the  duty  of  the  city  collector  to  make  the  same  by 
distress  and  sale  of  the  personal  property  not  exempt  from  taxa- 
tion, and  the  personal  tax  book  shall  alone  be  sufficient  warrant 
for  such  distress.  When  the  city  collector  distrains  goods  he  shall 
keep  them  at  the  expense  of  the  owner,  and  shall  give  notice  of 
the  time  and  place  of  sale  of  the  same  within  five  days  after  the 
taking  in  the  manner  constables  are  required  to  give  notice  of  the 
sale  of  personal  property  taken  under  execution;  and  the  time  of 
vale  shall  not  be  more  than  twenty  days  from  the  day  of  taking. 


ART.  IX.  REVENUE.  83 

He  shall  enter  upon  the  personal  tax  book  a  brief  description  of 
the  property  taken,  and  the  amount  for  which  the  same  was  sold. 
The  city  collector  shall  render  an  account  of  the  sale  and  charges 
to  the  owner,  in  writing,  upon  the  same  being  demanded,  and 
pay  any  surplus  in  his  hands  to  such  owner.  [R.  S.  1899,  See. 
5597]. 

Sec.  26.  Delinquent  taxes. — It  is  hereby  made  the  duty  of 
the  city  collector,  as  soon  as  taxes  on  personal  property  shall  be 
delinquent,  to  proceed  to  collect  the  same  by  distress  and  sale,  in 
the  manner  prescribed  in  section  25 ;  and  for  this  purpose  it 
shall  be  his  duty  to  appoint  one  or  more  deputies  to  aid  and  as- 
sist him  in  the  speedy  collection  of  such  delinquent  personal 
taxes.  The  city  collector  shall  receive  as  a  compensation  for  his 
services  and  expenses  such  sum  as  may  be  paid,  by  ordinance,  on 
the  amount  of  all  delinquent  personal  taxes  collected  not  exceed- 
ing five  per  cent,  which  percentage  he  shall  collect  from  the  de- 
linquent, together  with  the  whole  amount  of  delinquent  taxes, 
interest  and  costs;  and  in  making  such  collections  should  it  be- 
come necessary  to  make  the  delinquent  personal  taxes  by  distress 
and  sale  he  shall  be  entitled  to  receive  the  same  compensation,  in 
addition,  as  may  be  provided  by  ordinance,  not  to  exceed  the  five 
per  cent  provided  for  in  this  section,  as  constables  are  entitled  to 
receive  for  the  sale  of  property  on  execution,  and  such  other  and 
further  compensation  as  may  be  provided  by  ordinance  of  such 
city,  which  shall  also  be  taxed  as  costs.     [R.  S.  1899,  Sec.  5603]. 

Sec.  27.  Collector  may  call  assistance. — If  the  city  collector, 
or  any  of  his  deputies,  be  resisted  or  impeded  in  the  discharge  of 
his  duties,  as  provided  in  sections  5597  and  5603,  R.  S.  1899,  he 
may  require  any  suitable  person  to  assist  him  therein ;  and  if  such 
person  refuse  the  aid  such  person  shall  forfeit  a  sum  not  exceed- 
ing ten  dollars,  to  be  recovered  in  a  civil  action  in  the  name  of 
the  city,  before  the  judge  of  the  police  court ;  and  the  person 
resisting  shall  be  liable  in  the  same  manner  and  to  the  same  extent 
as  in  the  case  of  resisting  the  sheriff  in  the  execution  of  civil 
process.     [R.  S.  1899,  Sec.  5599]. 

Sec.  28.  Proceedings  when  taxpayers  remove. — If  any  one 
against  whom  a  personal  tax  is  assessed,  and  which  is  due  and 
unpaid,  whether  the  same  be  delinquent  or  not,  shall  have  removed 
out  of  the  city,  or  shall  be  about  to  remove  out  of  the  city,  or 


84  CHARTER. 

shall  have  removed  or  be  about  to  remove  his  personal  property 
out  of  the  city,  it  shall  be  the  duty  of  the  city  collector  lo  ai  once 
proceed  to  collect  such  personal  tax  by  distress  and  sale  of  any 
personal  property  of  such  person  that  shall  be  found  in  such  city, 
as  provided  in  the  preceding  sections  of  this  article  for  the  dis- 
tress and  sale  of  personal  property  for  delinquent  personal  taxes, 
and  shall  receive  the  same  fees  and  compensation  therefor.  [R. 
S.  1899,  Sec.  5600]. 

Sec.  29.  Shares  of  stock  may  be  sold,  when.— If  any  tax,  in- 
terest or  cost  shall  remain  unpaid  on  the  first  day  of  September 
on  any  share  or  shares  of  any  corporation,  the  shares  of  which 
are  taxable  under  this  article  or  any  ordinance  of  the  city,  it  shall 
be  the  duty  of  the  city  collector  to  sell  such  share  or  shares  to  the 
highest  bidder,  at  public  vendue,  at  his  office  in  said  city,  giving 
ten  days'  notice  of  the  time  and  place  of  sale,  describing  in  such 
notice  the  share  or  shares  to  be  sold,  substantially  the  same  as 
they  are  described  in  the  personal  tax  book,  with  the  name  of  the 
person  or  persons  in  whose  name  or  names  such  share  or  shares  are 
assessed;  which  notice  shall  be  either  printed  or  written  and 
signed  by  the  collector,  and  shall  be  posted  up  in  four  public 
places  in  the  city.  It  shall  be  the  duty  of  such  collector  to  give 
the  purchaser  of  any  such  shares  a  certificate,  stating  the  fact  that 
the  person  therein  named  purchased  the  share  or  shares  therein 
described,  describing  them  substantially  in  such  certificate  as  they 
are  described  in  the  personal  tax  book.  Any  person  or  persons 
purchasing  shares  of  stock  in  any  such  corporation  at  such  sale 
shall  be  entitled  to  have  such  share  or  shares  so  purchased  entered 
upon  the  books  of  such  corporation  as  the  share  or  shares  of  such 
purchaser,  and  he  shall  be  deemed  in  law  and  equity  as  the  abso- 
lute owner  of  sucli  share  or  shares.  If  such  share  or  shares  so 
sold  shall  not  sell  for  an  amount  equal  to  the  tax,  interest  and  costs 
thereon  the  city  collector  shall  proceed  to  make  the  residue  of  such 
tax,  interest  and  costs  by  distress  and  sale  of  the  personal  prop- 
erty not  exempt  from  taxation,  and  in  the  same  manner  as  herein- 
before provided  for  distress  and  sale  of  personal  property  of  the 
owner  or  owners  of  such  share  or  shares  at  the  time  such  tax  be- 
came a  lien  thereon.  The  city  collector  shall  be  entitled  to  charge 
and  receive  such  per  cent  as  may  be  fixed  by  ordinance  on  all  de- 
linquent taxes  collected  under  this  section,  which  shall  be  charged 
up  as  costs  and  paid  from  the  proceeds  of  the  shares  or  other  per- 


ART.  IX.  REVENUE.  85 

sonal  property  sold  as  aforesaid.  Nothing  in  this  section  shall  be 
so  construed  as  to  prevent  an  action  in  the  name  of  the  city  be- 
fore any  court  of  competent  jurisdiction  against  such  corporation 
or  any  of  the  stockholders  to  recover  any  tax,  interest  and  costs 
remaining  unpaid  on  any  share  or  shares  of  such  corporation  on  or 
after  September  first.     [E.  S.  1899,  Sec.  5601]. 

Sec.  30.  Collector  to  furnish  comptroller  list  of  unpaid 
taxes. — It  is  the  duty  of  the  city  collector,  on  the  first  Mon- 
day of  November  in  each  year,  to  make  out  and  return  to  the 
comptroller  of  the  city  a  full  and  complete  list  of  all  taxes  on  per- 
sonal property  remaining  unpaid,  which  list  shall  state  the  name 
of  each  person  delinquent  in  the  payment  of  his  personal  tax, 
which  list  shall  be  made  out  alphabetically.  The  collector  shall 
make  and  subscribe  an  affidavit  to  be  attached  to  said  delinquent 
list  named  in  this  section,  substantially  as  follows: 

I, ,  city  collector  of  the  city  of 

do  solemnly  swear  (or  affirm)  that  the  foregoing  is  a  true  and  correct  list 
of  all  the  delinquent  taxes  on  personal  property  remaining  due  and  unpaid 
for  the  fiscal  year. . . ;  that  I  have  made,  or  caused  to  be  made,  due  search, 
and  have  been  unable  to  find  any  goods  or  chattels  in  the  city  of  either  of 
the  delinquents  not  exempt  from  taxation;  that  I  have  not  through  fear, 
favor  or  affection,  neglected  or  refused  to  collect  any  portion  of  the  delin- 
quent personal  tax  in  said  list  by  distress  and  sale  of  personal  property. 

Which  list  of  all  taxes  on  personal  property,  and  the  affidavits 
thereto,  shall  be  filed  in  the  office  of  the  city  auditor.  The  delin- 
quent list  of  personal  tax  so  returned  shall  be  turned  over  to  the 
city  counselor,  whose  duty  it  shall  be  to  proceed  to  collect  the  same 
by  an  action  or  attachment  therein  or  other  process  of  law,  in 
the  name  of  the  city  in  any  court  of  competent  jurisdiction.  He 
shall  receive  ten  per  cent  on  all  sums  collected  on  such  delinquent 
list  of  personal  tax,  which  shall  be  taxed  u;^  as  costs  in  the  case, 
and  collected  as  other  costs,  except  that  in  no  event  shall  the  city 
be  liable  for  the  same.     [R.  S.  1899,  Sec.  5602] . 

Sec  31.  Taxes,  when  deemed  delinquent.— On  the  first  day 
of  September  in  each  year  the  unpaid  taxes  shall  become  delin- 
quent, and  shall  bear  interest  from  that  date  at  the  rate  of  twelve 
per  centum  per  annum,  and  taxes  upon  real  property  are  hereby 
made  a  perpetual  lien  thereon  against  all  persons.     The  city  col- 


86  CHARTER. 

lector  is  hereby  authorized  and  directed  to  collect  the  delinquent 
taxes  by  the  sale  of  the  real  property  upon  which  the  taxes  are 
levied.  The  cit}^  collector  shall  continue  to  receive  taxes  after 
they  become  delinquent  until  collected  by  distress  or  sale.  [Laws 
of  1905,  page  74] . 

Sec.  32.  The  sale  of  real  estate  for  taxes. — On  the  first  Mon- 
day in  October  in  each  year  the  city  collector  shall  offer  at  public 
sale,  at  his  office  in  such  cit}'',  all  real  property  on  which  taxes  or 
special  assessments  shall  remain  due  and  unpaid,  and  such  sale 
shall  be  made  for  the  payment  of  the  total  amount  of  all  taxes  and 
special  assessments,  interest  and  costs  due  and  unpaid  for  all 
years  on  such  real  property.     [R.  S.  1899,  Sec.  5605]. 

Sec.  33.  Notice  to  be  given. — The  notice  to  be  given  of  the 
sale  of  real  property  for  delinquent  taxes  shall  state  the  time  and 
place  thereof,  and  contain  a  description  substantially  the  same  as 
in  the  land  tax  book  of  the  several  parcels  of  real  property  to  be 
sold,  and  all  delinquent  taxes  and  assessments  thereon,  and  such 
real  property  as  has  not  been  advertised  and  sold  for  the  taxes 
of  any  previous  year  or  years,  and  on  which  taxes  or  special  as- 
sessments remain  due  and  delinquent,  and  the  amount  of  taxes 
and  special  assessments,  interest  and  cost  against  each  parcel  of 
real  property.     [R.  S.   1899,  Sec.  5606]. 

Sec.  34.  Notice,  how  given. — The  city  collector  shall  give 
the  notice  required  in  the  last  preceding  section  by  causing  the 
same  to  be  published  once  in  each  week  for  three  successive  weeks 
in  some  newspaper  published  in  such  city,  the  last  publication  to 
be  at  least  one  day  before  the  day  of  sale.  The  city  collector  shall 
charge  and  collect,  in  addition  to  the  taxes  and  interest,  a  sum  not 
exceeding  ten  cents  on  each  tract  of  real  property  advertised  for 
sale,  or  any  sum  not  exceeding  said  amount,  as  may  be  provided 
by  ordinance  of  such  city.  And  if  the  city  collector  cannot  pro- 
cure the  publication  of  said  notice  for  the  sum  herein  specified,  or 
as  may  be  provided  by  ordinance  as  aforesaid,  or  if  from  any  rea- 
son the  city  collector  is  unable  to  procure  the  publication  of  said 
notice,  he  shall  post  up  written  notices  of  said  sale  in  the  four 
most  public  places  in  such  city  at  least  three  weeks  before  the 
sale ;  and  notice  so  given  shall  have  the  same  force  and  effect  as 
though  the  same  had  been  published  in  a  newspaper.     In  that 


ART.  IX.  REVENUE.  87 

case  he  shall,  before  making  the  sale,  file  in  the  office  of  the  city 
auditor  a  copy  of  said  notice,  with  his  certified  endorsement 
thereon  setting  forth  that  said  notice  had  been  posted  up  in  the 
four  most  public  places  in  such  city  at  least  three  weeks  before 
the  sale,  which  said  certificate  shall  be  subscribed  by  him,  and 
sworn  to  before  some  person  authorized  to  administer  oaths.  The 
city  collector  shall  obtain  a  copy  of  said  advertisement,  together 
with  a  certificate  of  the  due  publication  thereof,  from  the  printer 
or  publisher  or  business  manager  of  the  newspaper  in  which  the 
same  shall  have  been  published,  and  shall  file  the  same  in  the  of- 
fice of  the  city  auditor,  and  such  certificate  shall  be  substantially 
in  the  form  that  may  be  prescribed  by  ordinance  of  the  city  or  by 
the  comptroller.     [R.  S-  1899,  Sec.  5607] . 

Sec.  35.  Property,  how  sold. — The  city  collector  shall,  at  his 
office  in  such  city,  on  the  day  of  sale,  at  the  hour  of  ten  o  'clock  in 
the  forenoon,  offer  for  sale,  separately,  each  tract  or  parcel  of  real 
property  advertised  for  sale,  on  which  the  taxes,  interest  and  costs 
or  special  assessments  have  not  been  paid,  and  shall  continue  the 
sale  from  day  to  day,  between  the  hours  of  ten  o'clock  in  the  fore- 
noon and  five  o  'clock  in  the  afternoon,  as  long  as  there  are  bidders 
or  until  the  taxes  are  all  paid.      [R.  S.  1899,  Sec.  5608] . 

Sec.  36.  The  purchaser. — The  person  who  offers  to  pay  the 
amount  of  taxes,  special  assessments,  interest  and  costs  due  on  any 
tract  or  parcel  of  real  property  for  the  smallest  portion  of  the 
same  is  to  be  considered  the  purchaser.  The  person  purchasing 
any  tract  or  parcel  of  real  property,  or  part  thereof,  shall  forth- 
with pay  to  the  city  collector  the  amount  of  taxes,  special  assess- 
ments, interest  and  cost  charged  thereon ;  and  on  failure  to  do  so 
the  said  tract  or  parcel  of  real  property  shall  at  once  be  again  of- 
fered, as  if  no  sale  had  been  made.  The  person  who  will  pay  the 
tax,  the  special  assessments,  interest  and  costs  for  the  least  number 
of  front  feet  or  inches  of  any  lot  or  parcel  of  real  property,  to  be 
taken  from  either  side  thereof,  the  side  to  be  designated  by  the 
bidder  at  the  time  he  offers  his  bid,  shall  be  deemed  the  purchaser 
for  the  smallest  portion  of  such  lot  or  parcel  of  real  property.  [R. 
S.   1899,   Sec.   5609].     (i) 

(i)   Roth  V.  Gabbert,  123  Mo.  30. 


88  CHARTER. 

Sec.  37.  When  the  whole  of  lot  sold. — If  no  person  bid  for  a 
less  quantity  than  the  whole  of  a  lot  or  parcel  of  real  property  the 
city  collector  shall  sell  the  lot  or  parcel  of  real  property  to  any 
person  who  will  take  the  whole  of  such  tract,  lot  or  parcel  of  real 
property,  and  pay  the  taxes,  special  assessments,  interest  and  costs 
thereon.     [R.  S.  1899,  Sec.  5610]. 

Sec.  38.  Auditor  to  attend  all  sales. — The  city  auditor  shall 
attend  all  sales  of  real  property  for  taxes  made  by  the  city  col- 
lector, and  make  a  record  thereof  in  a  book  to  be  kept  by  him  for 
that  purpose  and  designated  Book  of  Sales,  therein  describing  the 
several  tracts  or  parcels  of  real  property,  on  which  the  taxes,  in- 
terest and  costs  were  paid  by  the  purchaser,  as  they  are  described 
in  the  advertisement  on  file  in  his  office,  and  substantially  the 
same  as  it  is  described  in  the  Land  Tax  Book,  stating,  in  separate 
columns  the  amount,  as  obtained  from  the  Land  Tax  Book,  of  each 
kind  of  tax,  interest  and  cost  for  each  tract  or  parcel  of  real  prop- 
erty,  how  much  and  what  part  of  each  tract  or  lot  was  sold,  to 
whom  sold  and  date  of  sale.  The  city  collector  shall  also  note  in 
the  Land  Tax  Book,  opposite  the  tract  or  parcel  of  real  property 
sold,  the  fact  and  date  of  such  sale,  and  to  whom  sold.  [R.  S. 
1899,  Sec.  5611]. 

Sec.  39.  Sale,  when  to  be  adjourned.— When  all  the  parcels 
of  real  pro])erty  advertised  for  sale  shall  have  been  offered  and 
any  portion  thereof  shall  remain  unsold  for  want  of  bidders,  the 
city  collector  shall  adjourn  the  sale  to  some  day  not  exceeding  two 
weeks  from  the  time  of  adjournment,  due  notice  of  which  shall  be 
given  at  the  time  of  adjournment,  and  also  by  keeping  a  notice 
thereof  posted  in  a  conspicuous  place  in  his  office,  but  no  further 
advertisement  shall  be  necessary.  On  the  day  fixed  for  the  re- 
opening of  the  sale  the  same  proceedings  shall  be  held  as  provided 
hereby  for  the  sale  commencing  on  the  first  Monday  in  October ; 
and  further  adjournments  shall  be  made,  from  time  to  time,  not 
exceeding  two  weeks,  and  the  sale  shall  be  thus  continued  until 
the  next  regular  annual  sale,  or  until  the  taxes,  interest  and  costs 
shall  have  been  paid,  unless  such  sale  shall  be  discontinued  by 
order  of  the  comptroller  as  hereinafter  provided.  [R.  S.  1899, 
Sec.  5612]. 


ART.  IX.  REVENUE.  89 

Sec.  40.  Property,  when  bought  for  city. — If  any  tract  or 
parcel  of  real  property  cannot  be  sold  for  the  amount  of  all  the 
taxes,  interest  and  cost  thereon  the  city  auditor  shall,  if  so  di- 
rected by  the  comptroller  of  the  city,  bid  it  off  for  the  city  for 
such  amount.  When  any  real  property  shall  be  bid  off  for  the  city 
as  aforesaid,  it  shall  be  the  duty  of  the  city  auditor  to  make  a 
record  of  the  same  in  the  book  of  sales  by  stating  such  fact  of  sale 
to  the  city,  and  the  date  of  the  same ;  but  no  certificate  of  sale 
shall  be  made,  except  as  follows :  Whenever  any  person  shall  pay 
the  city  collector  a  sum  of  money  equal  to  the  amount  of  all  taxes, 
interest  and  costs,  including  costs  of  any  suit  that  may  be  com- 
menced thereon  on  such  parcel  or  parcels  of  real  property  at  the 
time  of  such  payment,  the  city  collector  shall  give  to  such  person 
a  certificate  dated  the  day  when  it  is  issued,  describing  the  real 
property  bid  off  for  the  city,  as  the  same  is  described  in  the  land 
tax  book,  stating  the  amount  of  each  kind  of  tax,  interest  and 
costs  for  which  was  bid  off  to  the  city ;  also  the  costs  of  any  pro- 
ceedings thereon,  if  any ;  the  amount  paid  to  the  city  collector  by 
such  person  for  such  real  property;  the  time  when  the  owner  of 
such  certificate  will  be  entitled  to  a  deed,  and  shall  number  said 
certificate  to  correspond  with  the  number  of  the  parcel  of  real 
property  in  the  land  tax  book,  which  certificate,  before  it  shall  be 
of  any  validity,  shall  be  assigned  to  such  person  by  the  city 
auditor,  who  shall  note  the  same  on  his  book  of  sales;  and  such 
certificate,  so  assigned  by  the  city  auditor,  shall  vest  all  the  inter- 
est of  the  city  in  or  to  such  real  property  in  such  person,  and  such 
certificate  shall  be  assignable  to  the  same  extent  and  in  like  man- 
ner as  certificates  given  to  purchasers  at  tax  sales,  and  shall  en- 
title such  person  to  the  same  rights  and  privileges  thereunder  as 
if  he  had  purchased  the  same  at  the  tax  sale :  Provided,  that  any 
real  property  purchased  for  the  non-payment  of  a  tax  illegally 
levied  such  purchase  money  shall  be  returned  to  such  purchaser 
by  the  city ;  and  in  all  eases  where  taxes,  or  taxes  and  penalties, 
have  been  or  may  be  hereafter  paid  through  mistake  to  the  city 
the  city  shall  refund  the  same  to  the  person  so  paying  the  same, 
or  his  agent.     [R.  S.  1899,  Sec.  5613] . 

Sec.  41.  Auditor  not  attending  sale,  penalty.— If  the  city 
auditor  or  city  collector  shall  fail  to  attend  any  sale  of  real  prop- 
erty as  required  by  this  article  or  any  ordinance  of  such  city, 
either  in  person  or  by  competent  deputy,  he  shall  be  liable  to  a 


90  CHARTER. 

fine  of  not  less  than  one  himdred  or  more  than  five  hundred  dol- 
lars, to  be  recovered  in  an  action  in  the  name  of  such  city,  before 
the  judge  of  the  police  court,  against  the  city  auditor 
or  city  collector,  as  the  case  may  be,  and  his  bondsmen; 
and  if  such  city  collector  or  his  deputy  shall  sell  or  assist  in  sell- 
ing any  real  property  on  which  the  taxes  or  special  assessments 
for  which  the  same  is  sold  have  been  paid,  or  shall  execute  and  de- 
liver a  deed  for  real  property  which  has  been  redeemed  in  accord- 
ance with  the  provision  of  this  article  or  any  ordinance  of  such 
city,  or  for  real  property  for  which  the  amount  required  to  re- 
deem the  same  has  been  duly  tendered  him  before  the  execution 
and  delivery  of  the  deed  of  the  same,  in  either  of  said  cases  the 
city  collector,  through  whose  negligence  in  the  discharge  of  his 
official  duties  such  injured  party  is  damaged,  and  his  bondsmen, 
shall  be  liable  to  such  injured  party  to  the  amount  of  any  judg- 
ment that  may  be  rendered  against  him  under  the  provisions  of 
this  article  in  any  action  by  or  against  such  injured  party,  involv- 
ing or  in  any  manner  calling  in  question  the  sale  of  such  real  prop- 
erty for  taxes,  or  the  title  thereby  conveyed  or  purporting  to  be 
conveyed  to  the  purchaser  at  such  tax  sale,  his  heirs  or  assigns, 
in  any  court  in  this  state,  and  for  any  and  all  amounts  such  injured 
party  may  be  compelled  to  pay  to  redeem  such  real  property  so 
sold,  together  with  interest  at  the  rate  of  two  per  cent  a  month 
on  the  amount  such  injured  party  pays  on  such  judgments  or  to 
redeem  such  real  property  so  sold  from  the  time  of  such  payment ; 
and  such  injured  party  shall  be  entitled  to  recover  reasonable  at- 
torney fees  for  prosecuting  any  action  against  such  collector  and 
his  bondsmen  in  cases  where  such  injured  party  recovered  judg- 
ment.    [R.  S.  1899,  Sec.  5614]. 

Sec.  42.  Sale,  when  made  in  November. — If  from  neglect  of 
any  officer  of  the  city,  or  any  other  cause,  real  property  cannot  be 
duly  advertised  and  offered  for  sale  on  the  first  Monday  of  Octo- 
ber, then  the  city  collector  shall  make  the  sale  on  the  first  Mon- 
day of  November,  allowing  time  for  publication,  as  provided  in 
this  article.     [R.  S.  1899,  Sec.  5615].     (j) 

Sec.  43.     Certificate  of  purchase  to  be  made  to  purchaser. — 

The  city  collector  shall  irutke  out,  sign  and  deliver  to  the  purchaser 

(j)  Roth  V.  Gabbert,  123  Mo.  21. 


ART.  IX.  REVENUE.  91 

of  any  real  property  sold  for  payment  of  taxes,  as  provided  for  in 
this  article  or  by  ordinance  of  such  city,  a  certificate  of  purchase, 
describing  the  real  property  on  which  the  taxes,  interest  and 
costs  were  paid  by  the  purchaser,  substantially  as  the  same  was 
described  in  the  land  tax  book,  and  also  how  much  and  what  part 
of  each  tract  or  lot  was  sold,  stating  the  amount  of  each  kind  of 
tax,  interest  and  costs  for  each  tract  or  lot  for  which  the  same 
was  sold,  and  that  payment  had  been  made  therefor.  If  any  per- 
son shall  become  the  purchaser  of  more  than  one  parcel  of  real 
property  he  may  have  the  whole  included  in  one  certificate  of 
purchase,  but  each  parcel  shall  be  separately  described.  The 
certificate  of  purchase  aforesaid  shall  be  assignable  by  indorse- 
ment, and  an  assignment  thereof  shall  vest  in  the  assignee  all 
right,  title  or  interest  of  the  original  purchaser.  [R.  S.  1899,  Sec. 
5616]. 

Sec.  44.  Duplicate  receipts  to  be  issued. — The  city  collector 
shall  make  out,  sign  and  deliver  to  the  purchaser  of  any  real 
property  sold  for  taxes  as  aforesaid  duplicate  receipts  for  any  and 
all  taxes,  interest  and  costs  paid  by  such  purchaser  for  subse- 
quent year  or  years,  one  of  which  receipts  such  purchaser  shall 
present  to  the  city  auditor,  whose  duty  it  shall  be  to  file  such  re- 
ceipts in  his  office,  and  enter  a  memorandum  thereof  upon  the 
book  of  sales.  When  such  purchaser  shall  pay  any  state  or 
county  tax  on  any  parcel  of  real  property,  whether  levied  before 
or  after  the  date  of  the  certificate  of  purchase,  sold  for  taxes  as 
provided  in  this  article,  after  the  date  of  his  certificate  of  pur- 
chase, it  shall  be  the  duty  of  the  officer  receiving  the  same  on  such 
certificate  of  purchase  being  exhibited  to  such  officer  to  make  out 
and  deliver  to  such  purchaser  duplicate  receipts,  which  receipts 
shall  show  the  amount  of  tax  paid  on  each  separate  parcel  of  real 
property  named  in  such  certificate  of  purchase,  one  of  which  du- 
plicate receipts  such  purchaser  shall  present  to  the  city  auditor, 
whose  duty  it  shall  be  to  file  the  same  in  his  office  and  enter  a 
memorandum  upon  the  book  of  sales  in  its  appropriate  column  op- 
posite each  parcel  of  real  property  named  in  such  duplicate  re- 
ceipts the  amount  of  tax  paid  on  such  parcel,  and  the  date  of 
such  payment.  The'  city  auditor  shall  in  like  manner  enter  a 
memorandum  upon  the  book  of  sales  of  any  special  tax  or  tax  bill 
paid  by  such  purchaser  after  the  date  of  his  certificate  of  pur- 
chase, upon  such  purchaser  exhibiting  to  him  the  receipt  or  proper 


92  CHARTER. 

voucher,  showing  the  payment  of  such  tax  or  tax  bill,  the  amount 
and  date  of  its  payment,  the  particular  tract  or  parcel  of  real 
property  on  which  paid,  and  shall  deliver  to  the  auditor  a  copy 
of  such  receipt,  which,  when  certified  to  as  a  true  copy  by  the 
auditor,  he  shall  file  in  his  office.      [R.  S.  1899,  Sec.  5617]. 

Sec.  45.  Property  may  be  redeemed. — Real  property  sold 
under  the  provisions  of  this  article,  or  any  interest  in  such  real 
property,  may  be  redeemed  by  the  owner,  his  agent  or  attorney 
at  any  time  within  two  years  from  the  first  day  on  which  such 
real  property  was  advertised  for  sale,  or  at  any  time  before  the 
execution  and  delivery  of  the  tax  deed, to  the  purchaser  at  the 
tax  sale,  his  heirs  or  assigns,  by  the  payment  to  the  city  collector 
of  the  amount  for  which  such  real  property  was  sold,  and  ten  per 
centum  of  such  amount  immediately  added  as  a  penalty,  with 
twenty-four  per  cent  interest  per  annum  on  the  whole  amount 
thus  made  from  the  day  of  sale ;  and  also  the  amount  of  all  taxes^ 
state,  county  or  municipal,  general  or  special,  paid  by  the  pur- 
chaser, his  heirs  or  assigns,  after  the  date  of  the  certificate  of 
purchase,  and  a  like  penalty  of  ten  per  centum  added  as  before 
on  the  amount  of  each  of  such  payments,  with  twenty-four  per 
cent  interest  per  annum  on  the  whole  of  such  amount  or  amounts 
from  the  day  or  days  of  payment.     [R.  S.  1899,  Sec.  5618] . 

Sec.  46.  How  redeemed. — The  city  auditor  shall,  upon  appli- 
cation of  any  person  wishing  to  redeem  any  real  property  sold  for 
taxes  under  the  provisions  of  this  article  or  any  ordinance  of  such 
city,  give  to  such  person  a  statement  setting  forth  the  amount  re- 
quired to  redeem  each  tract  or  parcel  of  real  property  described 
in  such  statement.  Upon  such  person  filing  such  statement  with 
the  city  collector,  and  paying  to  such  collector  the  amounts 
therein  named,  it  shall  be  the  duty  of  the  city  collector  to  give 
such  person  duplicate  certificates  of  redemption  therefor,  one  of 
which  shall  be  countersigned  by  and  the  other  filed  with  the  city, 
auditor,  whose  duty  it  shall  be  to  make  entry  opposite  the  tract 
or  parcel  of  real  property  redeemed  on  the  proper  book  of  sales 
in  his  office,  showing  the  amount  paid  to  redeem  the  same,  the 
time  when  and  by  whom  such  redemption  was  made,  and  shall 
charge  the  city  collector  with  such  amount.  The  city  collector 
shall  make  like  entries  in  the  proper  land  tax  book  in  his  office. 


ART.  IX.  REVENUE.  93 

No  certificate  of  redemption  shall  be  valid  or  received  in  evidence 
without  being  countersigned  by  the  city  auditor  as  aforesaid. 
[E.  S.  1899,  Sec.  5619 [. 

Sec.  47.  Redemption  of  property  of  minor. — The  real  prop- 
erty or  any  interest  therein  of  any  minor  or  lunatic  sold  for  taxes 
under  the  provisions  of  this  article  may  be  redeemed  at  any  time 
within  one  year  after  such  disability  is  removed  in  the  manner 
specified  in  the  following  section,  or  such  redemption  may  be 
made  by  the  guardian  or  legal  representatives,  under  the  two 
last  preceding  sections,  at  any  time  before  the  execution  and  de- 
livery of  the  tax  deed.     [R.  S.  1899,  Sec.  5620] . 

Sec.  48.  Redemption  after  deed  made. — Any  person  entitled 
to  redeem  real  property  sold  for  taxes  under  the  provisions  of  this 
article,  after  the  execution  and  delivery  of  the  deed  for  the  same, 
shall  redeem  the  same  by  an  equitable  action,  in  which  all  per- 
sons claiming  an  interest  in  the  land  desired  to  be  redeemed  from 
the  tax  sale,  as  shown  by  the  records,  shall  be  made  defendants, 
and  the  courts  shall  determine  all  rights,  claims  and  interest  of 
the  several  parties,  including  all  liens  for  taxes  and  special  as- 
sessments, interest  and  costs  as  provided  in  this  article,  and 
claims  for  improvements  made  on  the  real  property  by  any  per- 
son or  persons  claiming  under  the  tax  title :  Provided,  that  any 
person  seeking  to  redeem  shall,  before  he  shall  be  permitted  to 
commence  or  prosecute  his  action,  deposit  with  the  clerk  of  the 
court  in  which  the  action  or  proceeding  is  commenced,  an  amount 
sufficient  to  pay  the  party  claiming  under  the  tax  deed  the  amount 
paid  at  the  tax  sale  for  the  real  property  in  controversy;  also 
the  amount  or  amounts  of  all  taxes,  state,  county  or  municipal, 
general  or  special,  paid  by  the  purchaser  at  the  tax  sale,  or  those 
claiming  under  or  through  him  after  the  date  of  the  certificate  of 
purchase,  with  penalty  added  as  provided  in  this  article,  with 
interest  on  all  said  amoiints  at  the  rate  of  twenty-four  per  cent 
per  annum  from  the  date  or  dates  of  such  payment.  [R.  S.  1899, 
Sec.  5621]. 

Sec.  49.  Redemption  funds  to  be  paid  into  the  treasury. — 
All  moneys  received  by  the  city  collector  for  the  redemption  of 
real  property  shall  be  at  once  paid  into  the  city  treasury,  to  be 


94  CHARTER. 

paid  out  to  the  purchaser  of  such  real  property,  his  heirs  or  as- 
signs, on  the  delivery  to  the  city  auditor  of  the  certificate  of  pur- 
chase, who  shall  file  the  same  in  his  office  (if  all  the  real  property 
included  therein  be  redeemed,  and  if  not,  he  shall  mark  those  re- 
deemed "canceled,"  and  return  such  certificate  to  the  owner 
thereof),  and  draw  a  warrant  upon  the  city  treasury  in  favor  of 
the  party  entitled  to  such  redemption  money  for  the  amount 
thereof,  which  warrant,  before  it  shall  be  paid,  shall  be  counter- 
signed by  the  comptroller.  If  no  person  entitled  to  such  redemp- 
tion money  shall,  within  two  years  after  the  same  is  paid  to  the 
city  collector,  appear  and  claim  the  same  all  such  moneys  not  so 
claimed  shall  be  forfeited  to  the  city.      [R.  S.  1899,  Sec.  5622] . 

Sec.  50.  Redemption  when  city  is  purchaser. — Any  person 
desiring  to  redeem  any  real  property  bid  off  for  the  city  for  delin- 
quent taxes  at  any  tax  sale  may  redeem  the  same  by  the  payment 
to  the  city  collector  of  all  taxes,  interests  and  costs  due  thereon. 
In  any  case  where  any  person  shall  redeem  more  than  one  parcel 
of  real  property  at  the  same  time  he  may  require  the  city  col- 
lector to  include  the  same  in  one  certificate  of  redemption.  [R. 
S.  1899,  Sec.  5623]. 

Sec.  51.  Unredeemed  property  to  be  advertised. — The  city 
collector,  at  least  four  months  before  the  expiration  of  the  time 
limited  for  redeeming  real  property,  as  provided  for  in  this  arti- 
cle, shall  cause  to  be  published  in  some  newspaper  published  in 
such  city,  once  a  week  for  at  least  three  successive  weeks,  a  list 
of  all  unredeemed  real  property,  describing  each  tract  or  lot  sub- 
stantially the  same  as  it  was  described  in  the  land  tax  book,  stat- 
ing the  amount  of  taxes,  penalty,  charges,  interest  and  costs,  cal- 
culated to  the  last  day  of  redemption,  due  on  each  tract  or  lot, 
together  with  a  notice  that  unless  such  real  property  be  redeemed 
on  or  before  the  day  limited  therefor,  they  will  be  conveyed  to 
the  purchaser,  his  heirs  or  assigns.  The  cost  of  such  advertise- 
ment shall  be  charged  to  the  party  redeeming,  or,  if  not  redeemed, 
to  be  charged  to  the  person  receiving  the  deed ;  but  the  cost  of 
such  advertisement  shall  in  no  case  exceed  twenty  cents  on  each 
parcel  of  real  property  so  advertised.      [R.  S.  1899,  Sec.  5624]. 

Sec.  52.  Certificate  of  publication. — The  city  collector  shall 
obtain  a  copy  of  the  advertisement  required  in  the  last  section, 


ART.  IX.  REVENUE.  95 

together  with  the  certificate  of  the  due  publication  thereof,  from 
the  printer,  publisher  or  manager  of  the  newspaper  in  which  the 
same  shall  have  been .  published,  and  shall  file  the  same  in  the 
office  of  the  city  auditor;  and  such  certificate  shall  be  substan- 
tially in  the  form  to  be  prescribed  by  ordinance  of  such  city : 
Provided,  that  no  informality  or  defect  in  such  advertisement, 
or  any  failure  to  make  such  advertisement  or  certificate,  shall  in 
any  manner  invalidate  the  sale  made  for  taxes  or  the  deed  made 
for  any  real  property  sold  for  taxes.      [R.  S.  1899,  Sec.  5625]. 

Sec.  53.  Deed,  when  to  be  made. — If  any  real  property  sold 
for  taxes  under  the  provisions  of  this  article  shall  not  be  re- 
deemed within  two  years  from  the  first  day  on  which  it  was  ad- 
vertised for  sale  it  shall  be  the  duty  of  the  city  collector,  on  pre- 
sentation to  him  of  the  certificate  of  purchase,  to  execute  in  the 
name  of  the  city,  under  his  hand  and  the  seal  of  the  city,  to  the 
purchaser,  his  heirs  and  assigns,  a  deed  of  the  real  property  de- 
scribed in  such  certificate  of  purchase  remaining  unredeemed,  as 
shown  by  such  certificate  of  purchase,  and  shall  acknowledge 
such  deed  and  deliver  the  same  to  the  grantee,  which  deed  shall 
vest  in  the  grantee  an  absolute  estate,  in  fee  simple,  in  the  real 
property  described  therein,  free  from  any  and  all  incumbrances 
of  whatsoever  kind  or  nature,  subject,  however,  to  all  unpaid 
taxes  which  are  a  lien  thereon.  The  deed  executed  under  this 
article  shall  be  called  a  tax  deed ;  shall  be  acknowledged  and  re- 
corded in  the  same  manner  that  other  deeds  and  conveyances  of 
real  property  are  required  to  be  acknowledged  and  recorded  by 
the  laws  of  this  state.  The  city  collector  shall  be  entitled  to  de- 
mand and  receive  from  the  grantee  in  such  deed,  before  the  deliv- 
ery of  the  same,  a  fee  of  one  dollar,  which  shall  include  the  cost  of 
taking  the  acknow^ledgment  of  the  same.  Any  number  of  parcels 
or  lots  of  real  property  bought  by  the  same  person  may  be  in- 
cluded in  one  deed,  if  so  reqviired  by  the  purchaser :  Provided, 
however,  the  city  collector  shall  be  entitled  to  an  additional  fee 
of  ten  cents  for  each  parcel  of  property,  included  in  such  tax 
deed  exceeding  ten  in  number.      [R.  S.  1899,  Sec.  5626]. 

Sec.  54.  Form  of  deed. — The  tax  deeds  executed  by  the  city 
collector  shall  be  substantially  in  the  following  form : 

Know  all  men  by  these  presents,  that,  whereas,  the  following  described 
real  property,  viz :      


96  CHARTER. 

,  situate  in  the  city  of ,  in  the  county  of 

and  State  of  Missouri,  was  subject  to  taxation  for  the  year 

(or  years)  A.  D.  18 ;  and  whereas,  the  taxes  assessed  upon  said  real 

property  for  the  year  (or  years)  aforesaid,  remained  due  and  unpaid  at 
the  date  of  the  sale  hereinafter  mentioned;  and  whereas,  the  city  collector 

of  said  city  of ,  did  on  the day  of ,  A.  D.  18 , 

by  virtue  of  authority  in  him  vested  by  law,  at  (an  adjourned  sale)  the  sale 

begun  and  publicly  held  on  the  first  Monday  of ,  A.  D ,  the 

first  day  on  which  such  real  property  was  advertised  for  sale,  expose  to 

public  sale  at  the  office  of  the  city  collector  in  the  city  of aforesaid, 

between  the  hours  of  ten  o'clock  in  the  forenoon  and  five  o'clock  in  the 
afternoon,  in  conformity  with  all  the  requisitions  of  the  statute  in  such 
case  made  and  provided,  the  real  property  above  described  for  the  pay- 
ment of  taxes,  interest  and  costs   then  due  and  unpaid  upon  said  real 

property;   and  whereas  at  the  place  aforesaid,  A B 

of  the  county  of ,  and  state  of ,  having  offered  to 

pay  the  sum  of dollars  and cents,  being  the 

whole  amount  of  taxes,  interests  and  costs  then  due  and  remaining  xmpaid 
on  said  real  property  for  (here  insert  description  of  property  sold,  describ- 
ing each  tract  or  parcel  separately),  which  was  the  smallest  portion  bid 
for,  and  payment  of  said  sum  having  been  made  by  him  to  said  city  col- 
lector, the  said  property  was  stricken  off  to  him  at  that  price;  and  where- 
as, the  said  A B ,  did,  on  the day  of 

A.  D ,  duly  assign  the  certificate  of  purchase  of  the  property,  as 

aforesaid,  and  all  his  right,  title  and  interest  to  said  real  property  to  E 

F ,  of  the  county  of and  State  of 

;  and  whereas,  two  years  have  elapsed  since  the  first  day  on 

which  said  real  property  was  advertised  for  sale,  and  the  said  property 
has  not  been  redeemed  therefrom,  as  provided  by  law;  and  whereas,  the 

city  collector  of  the  city  of aforesaid  did,  at  least  four 

months  before  the  expiration  of  the  time  limited  for  redeeming  said  real 
property,  publish  a  notice,  as  required  by  the  statute  in  such  case  made 
and  provided,  that  unless  said  real  property  was  redeemed  on  or  before 
the  day  limited  therefor,  it  would  be  conveyed  to  the  purchaser,  or  his 

heirs  or  assigns:     Now,  therefore,  I ,  city  collector  of  the  city 

of ,  county  and  state  aforesaid,  for  and  in  consideration 

of  the  sum  of dollars  and cents,  taxes,  in- 
terest and  costs  due  on  said  real  property,  for  the  year  (or  years)  to  the 

city  collector  of  said  city  of ,(  paid  as  aforesaid,)  and  by 

virtue  of  the  statute  in  such  case  made  and  provided,  have  granted,  bar- 
gained and  sold,  and  by  these  presents  do  grant,  bargain  and  sell  unto  said 

A B ,    (or  E F ),  his 

heirs  and  assigns  forever,  subject,  however,  to  all  rights  of  redemption 
provided  by  law. 

In  witness  whereof,  I,  collector  of  the  city  of 

,  as  aforesaid,  have  hereunto  subscribed  my  name  and  affixed 

the  corporate  seal  of  the  city  of this day  of 

,  A.  D [Seal] ,  city  collector  of  the 

city  of 


ART.  IX.  REVENUE.  97 

Said  deed  shall  be  signed  by  the  city  collector,  in  his  official 
capacity,  with  the  seal  of  the  city  affixed,  and  acknowledged  be- 
fore some  officer  authorized  to  take  the  acknowledgments  of 
deeds,  and  when  substantially  thus  executed  and  recorded,  shall 
be  prima  facie  evidence  in  all  courts  of  this  state  in  all  controver- 
sies and  suits  in  relation  to  the  rights  of  the  grantee  in  said  deed, 
his  heirs  and  assigns,  to  the  real  property  thereby  conveyed  or 
purporting  to  be  conveyed;  that  the  taxes  were  not  paid  at  any 
time  before  sale ;  that  the  real  property  conveyed  was  subject  to 
taxation  for  the  year  or  years  stated  in  the  deed;  that  the  real 
property  conveyed  had  not  been  redeemed  from  the  sale  at  the 
date  of  the  deed;  that  the  tender  of  redemption  had  not  been 
made  to  the  city  collector  before  the  execution  and  delivery  of  the 
deed;  that  the  real  property  conveyed  had  been  duly  assessed 
for  the  year  or  years  named  in  the  deed;  that  the  taxes  were 
levied  according  to  law ;  that  the  real  property  conveyed  was 
duly  advertised  for  sale ;  was  duly  sold  for  taxes,  as  stated  in  the 
deed ;  that  the  manner  in  which  the  assessment,  levy,  notice  and 
sale  were  conducted  was  in  all  respects  regular  and  as  the  law  di- 
rected; that  the  grantee  named  in  the  deed  was  the  purchaser, 
or  that  the  certificate  of  purchase  had  been  duly  assigned  to  the 
grantee ;    that  all  the  prerequisites  of  the  law  and  ordinances  of 

the  city  of were  complied  with  by  ajl  the  officers 

who  had  or  whose  duty  it  was  to  have  had  any  part  or  action  in 
any  transaction  relating  to  or  affecting  the  title  conveyed,  or 
purporting  to  be  conveyed,  from  the  assessment  of  real  property 
up  to  the  execution  of  the  deed,  both  inclusive ;  and  t^iat  all 
things  whatsoever  required  by  law  to  make  a  good  and  valid 
sale,  and  to  vest  the  title  in  the  purchaser,  were  done,  except 
only  in  regard  to  the  points  named  in  this  section,  wherein  the 
deed  shall  be  prima  facie  evidence  only.  [R.  S.  1899,  Sec. 
5627].     (k) 

(k)   Omission  of  recital  that  sale  was  "publicly"  held  is  substantial  defect: 

Bingham  v.  Birmingham,  103  Mo.  345;  Sullivan  v.  Donnell,  90  Mo.  278. 
Omission  of  words  "for  the  payment  of  taxes,  interest  and  costs  then  due 

and  unpaid  on  said  real  property,"  is  a  fatal  defect  in  deed:     Hopkins 

V.  Scott,  86  Mo.  140. 
Only  necessary  that  tax   deed   shall  substantially  comply  with  statutory 

form:     Skinner  v.  Williams,  85  Mo.  489;   Sullivan  v.  Donnell,  90  Mo. 

278;    Pitkins  v.  Reibel,  104  Mo.  505;   Gregg  v.  Jessberg,  113  Mo.  34; 

Atkinson  v.  Butler  Improvement  Co.,  125  Mo.  573. 
Tax  deed  must  show  separate  sale  of  each  tract:     Allen  v.  Buckley,  94  Mo. 

158. 
Sufficiency  of  description:     Roth  v.  Gabbert,  123  Mo.  21. 

7 


98  CHARTER. 

Sec.  55.  What  proof  necessary  to  defeat  tax  deed. — In  any 
suit  or  proceeclmg-  involving  or  in  any  manner  calling  in  question 
the  title  or  right  of  the  grantee  in  a  tax  deed,  or  those  claiming 
under  him,  of,  to  or  in  the  real  property  conveyed  or  purporting 
to  be  conveyed  by  such  tax  deed,  executed  substantially  as  pro- 
vided in  the  preceding  section,  the  person  claiming  title  adverse 
to  the  title  conveyed  or  purporting  to  be  conveyed  by  such  tax 
deed  shall  be  required  to  prove,  in  order  to  defeat  the  tax  deed, 
either  that  the  taxes,  interest  and  costs  were  paid  before  the  sale ; 
that  the  real  property  therein  described  was  not  subject  to  taxa- 
tion for  the  year  or  years  stated  in  the  deed ;  that  the  real  prop- 
erty therein  described  had  been  redeemed  from  the  sale  at  the 
date  of  the  deed,  or  the  tender  of  the  redemption  money  had 
been  made  to  the  city  collector  before  the  executing  and  delivery 
of  the  deed,  in  accordance  with  the  provisions  of  this  article :  and 
that  such  redemption  was  had,  or  attempted  to  be  had  for  the  use 
and  benefit  of  the  person  having  the  right  to  redemption  under 
this  article;  and  if  any  person  claiming  title  under  a  tax  deed, 
executed  substantially  as  provided  for  in  the  preceding  section, 
shall  be  defeated  in  any  suit  or  proceeding  by  or  against  him  for 
the  recovery  of  the  real  property  conveyed  or  purporting  to  be 
conveyed  by  such  tax  deed,  the  successful  claimant  shall  be  ad- 
judged to  pay  such  person  claiming  under  such  tax  deed  the  full 
amount  of  all  money  paid  by  the  purchaser  at  the  tax  sale  for 
such  real  property,  and  ten  per  centum  of  such  amount  imme- 
diately added  as  a  penalty,  with  twenty-four  per  cent  interest  per 
annum  on  the  whole  amount  made  from  the  day  of  sale ;  and  also 
the  amount  of  all  taxes,  state,  county  or  municipal,  general  or 
special,  paid  by  the  purchaser,  his  heirs  or  assigns,  after  the  date 
of  the  certificate  of  purchase,  and  a  like  penalty  of  ten  per  centum 
added  as  before  on  the  amount  of  each  of  such  payments,  with 
twenty-four  per  cent  interest  per  annum  on  the  whole  of  such 
amount  or  amounts  so  made  from  the  day  or  days  of  payment, 
together  with  the  costs  of  tax  deeds  and  fees  for  recording  the 
same,  and  all  costs  in  the  case,  which  judgment  shall  be  a  lien 
upon  the  real  property  in  controversy,  and  shall  bear  interest  at 
the  rate  of  twenty-four  per  cent  per  annum,  and  may  be  enforced 
by  execution  as  in  other  eases  of  judgments  and  decrees  of  such 
court.     [R.  S.  1899,  Sec.  5628].     (1) 

(1)   May   recover   taxes   and   assessments   paid   when    tax   deed   substan- 
tially defective:     Bingham  v.  Birmingham  et  al.,  103  Mo.  345;  Taft  v. 


ART.  IX.  REVENUE.  99 

Sec.  56.  Suit  to  be  commeiiced,  when. — Any  suit  or  pro- 
ceeding against  the  purchaser  at  a  tax  sale,  his  heirs  or  assigns, 
for  the  recovery  of  the  real  property  or  any  interest  therein  sold 
for  taxes,  or  to  defeat  or  avoid  a  sale  or  conveyance  of  real  prop- 
erty sold  for  taxes  under  the  provisions  of  this  article,  shall  be 
commenced  within  three  years  from  the  time  of  recording  the  tax 
deed,  and  not  thereafter :  Provided,  that  when  the  person  claim- 
ing to  own  such  real  property,  or  any  interest  therein,  shall  be  an 
infant  or  lunatic,  such  suit  may  be  brought  at  any  time  within  one 
year  of  the  removal  of  such  disability,  to  recover  the  interest  only 
of  such  infant  or  lunatic  in  such  real  property.  [R.  S.  1899,  Sec. 
5629].     (m) 

Sec.  57.  Limit  for  recording  of  deeds. — Unless  the  holder 
or  owners  of  certificates  of  purchase  of  real  estate  purchased  at 
any  tax  sale  under  this  article  take  out  the  deed  or  deeds,  as  per- 
mitted or  contemplated  by  this  article,  and  have  such  deeds  re- 
corded within  two  years  from  and  after  the  time  for  redemption 
expires,  the  said  certificates  or  deeds,  and  the  sales  on  which  they 
are  based,  shall,  from  and  after  the  expiration  of  such  two  years, 
be  absolutely  null,  and  shall  constitute  no  basis  of  title,  and 
shall  cease  to  be  a  cloud  on  the  title  to  the  real  estate  to  which 
such  certificates  refer.      [R.  S.  1899,  Sec.  5630]. 

Sec.  58.  Effect  of  recording  tax  deeds. — -Any  person  putting 
on  record  a  tax  deed,  executed  substantially  as  provided  for  in 
this  article,  shall  be  deemed  to  have  set  up  such  a  title  to  the 
real  property  described  in  such  deed  as  will  enable  the  party 
claiming  to  own  such  real  property  to  maintain  an  action  for  the 
recovery  of  the  possession  thereof  against  any  person  claiming 
under  the  tax  deed,  whether  such  person  is  in  actual  possession 
of  the  lands  or  not ;  and  such  tax  deed  shall  be  received  in  evi- 
dence without  further  evidence  to  sustain  such  conveyance  or 
the  title  thereby  acquired.      [R.  S.  1899,  Sec.  56:31].     (u) 

McCullock,  135  Mo.  594;  Pitkin  v.  Reibel,  104  Mo.  505;  Burke  v.  Brown, 

148  Mo.  309. 
(m)   Three  years'  limitation  valid:     Hill  v.  Atterbiiry,  88  Mo.   114;    Bird 

V.  Sellers,  122  Mo.  23. 
(n)   This    section   applies   only   where   the   land   is   vacant:     Callahan   v, 

Davis,  90  Mo.  78;  S.  C.  103  Mo.  444;  Allen  v.  White,  98  Mo.  55. 


100  CHARTER. 

Sec.  59.  Taxes  paid  may  be  recovered,  when. — In  any  case 
taxes  are  paid  bj'  any  party  whose  lands  are  or  may  be  in  con- 
troversy in  any  court,  and  the  party  so  paying  shall  fail  to  recover 
said  lands,  or  be  dispossessed  of  the  same,  he  shall  be  entitled  to 
collect  from  the  party  recovering  the  taxes  so  paid,  with  interest 
at  ten  per  cent  per  annum  from  date  of  payment ;  and  the  taxes 
so  paid  shall  be  a  lien  on  any  such  real  property.  [R.  S.  1899, 
Sec.  5632] . 

Sec.  60.  Title  shall  not  fail,  when.— No  title  or  lien  to,  in  or 
on  any  lot  or  tracts  of  land,  or  right  to  any  relief,  matter  or  thing 
under  or  by  virtue  of  any  tax  sale,  certificate  of  purchase,  pay- 
ment of  any  taxes,  special  tax  bills  or  special  assessments  subse- 
quent thereto,  or  tax  deed,  shall  fail,  if  any  one  or  more  of  the 
taxes  for  special  assessments,  for  payment  of  which  the  sale  shall 
be  made,  or  the  certificates  of  purchase  issued,  shall  be  valid  and 
a  lien  upon  the  land,  but  such  title,  lien  and  right  shall  be  deemed 
to  rest  on  and  be  supported  by  the  valid  tax  or  taxes,  special  as- 
sessment or  special  assessments  paid  by  the  sale,  or  as  stated  in  the 
certificate  of  purchase ;  and  such  title,  lien  or  right  shall,  except 
as  otherwise  provided  in  this  article,  be  the  same  as  if  the  sale 
had  been  made  or  the  certificate  of  purchase  issued  solely  to 
pay  or  in  payment  of  the  valid  tax,  taxes,  assessment  or  assess- 
ments ;  nor  shall  any  such  title,  lien  or  right  be  vitiated  or  af- 
fected on  account  of  errors  in  stating  or  extending  the  amount  of 
any  tax  or  special  assessment,  making  the  same  too  large  or  too 
small,  as  to  any  lot  or  tract  of  land  in  any  book,  certificate,  re- 
ceipt, deed,  paper,  notice  or  other  document.  [R.  S.  1899,  Sec. 
5633]. 

Sec.  61.  Comptroller  may  abate  tax,  when. — The  comptroll- 
er may,  at  any  time  prior  to  the  sale  of  any  lot  or  tract  of  land 
or  personal  property,  for  delinquent  taxes  or  special  assessment, 
abate  any  particular  tax  or  special  assessment  entered  in  any  tax 
book,  because  the  same  has  been  paid,  or  for  mistake  in  entering 
them  against  the  wrong  lot  or  traet,  or  in  case  of  any  personal 
tax  against  the  wrong  person,  and  correct  any  mistake  as  to  the 
amount  of  any  tax  or  special  assessment  so  entered.  He  shall, 
in  each  ease,  make  a  permanent  record  of  his  action  in  making 
such  abatements  and  corrections;  and  the  auditor  shall  at  once 
note  such  action  on  the  proper  land  book  and  other  proper  rec- 


ART.  IX.  REVENUE.  101 

ords  of  the  city  in  such  a  way  as  to  show  clearly  what  has  been 
done  and  when,  but  without  altering  or  raising  the  prior  entries 
of  taxes  and  special  assessments  in  the  book  or  record.  [R.  S. 
1899,  See.  5634]. 

Sec.  62.  Liberal  construction  to  be  ^ven,  when. — Each  as- 
sessment, land  tax  book,  personal  tax  book,  notice,  advertise- 
ment, book  of  sales,  certificate  of  purchase,  deed,  paper  and  docu- 
ment of  every  nature  and  description  made  or  executed  under  or 
pursuant  to  this  article  shall  be  liberally  construed  to  affect  the 
purposes  and  object  of  this  article,  and  in  determining  the  va- 
lidity thereof.  No  error  or  irregularity  in  any  assessment,  land 
tax  book  or  personal  tax  book,  notice,  advertisement,  certificate 
of  purchase,  deed,  paper  or  document  aforesaid  relating  to  the 
assessment,  levy  or  collection  of  the  taxes  of  the  city  shall  in  any 
manner  affect  or  impair  the  validity  of  any  tax  or  any  sale  or 
other  proceedings  for  their  collection.  This  article  shall  be  taken 
and  held  a  full  and  sufficient  notice  of  all  acts  and  proceedings 
for  assessments,  levying  and  collecting  of  the  taxes  and  special 
assessments  of  such  city.      [R.  S.  1899,  Sec.  5635] . 

Sec.  63.  Descriptions  by  reference,  etc. — Any  and  all  de- 
scriptions of  real  estate,  acres,  blocks,  lots  or  any  fractions  or 
parts  thereof,  and  any  and  all  dates,  years  and  valuations,  taxa- 
tions, taxes,  interest,  costs,  penalties,  numbers,  quantities  or 
amounts  in  any  assessment,  land  tax  book,  personal  tax  book, 
advertisement,  notice,  book  of  sales,  certificate  of  purchase,  deed, 
paper  or  document  of  any  nature  or  description,  made  or  executed 
under  or  pursuant  to  this  article,  shall  be  sufficient  and  valid 
when  made  or  stated,  in  whole  or  in  part,  in  abbreviations  or  con- 
tractions of  words,  letters,  characters  or  figures,  as  provided,  and 
for  purpose  similar  to  those  mentioned  in  "An  act  entitled  an  act 
concerning  the  assessment  and  collection  of  the  revenue,"  ap- 
proved March  30,  1872  [R.  S.  1899,  Sec.  9328],  and  when  so  made 
or  stated  shall  be  deemed  and  held  to  be  fully  and  fairly  made 
and  stated,  as  though  the  same  had  been  written  out  in  full.  In 
describing  real  estate  for  any  purpose  contemplated  in  this  arti- 
cle, any  lot  or  tract  may  be  described,  as  far  as  practicable,  by 
reference  or  according  to  any  map  or  plat  or  record  of  the  same, 
in  the  recorder's  office  of  such  county,  on  which  the  lot  or  tract 
may  be  shown   or  designated.     Lots  and  tracts   covered  by  or 


102  CHARTER. 

shown  on  any  such  map  or  phit,  or  record  thereof,  shall,  as  far  as 
practicable,  be  described  consecutively  in  any  assessment,  land 
tax  book,  notice,  advertisement  and  book  of  sales,  and  when  the 
name  or  designation  of  any  such  map  or  plat,  or  call  therefor,  or 
the  record  thereof,  in  the  way  the  same  would  be  sufficiently  or 
may  be  commonly  known  or  called  for  in  deeds  of  conveyance 
made  hy  private  persons  of  lands  shown  or  designated  on  the 
map  or  plat,  or  record  thereof,  shall  be  inserted,  wholly  or  partly 
across  the  space  or  part  of  any  page  of  any  assessment,  land  tax 
book,  advertisement,  notice  or  sale  book  made  for  description  of 
real  estate,  such  name  or  designation  or  call  shall  be  deemed  and 
taken  to  be  part  of  the  description  of  each  lot  or  tract  of  land  fol- 
lowing on  the  same  page,  without  repetition  thereof  in  the  de- 
scription of  each  lot  or  tract,  and  to  indicate  that  the  lots  or  tracts 
so  following  are  in  the  parcel  of  land  covered  by  the  map  or  plat 
or  record  thereof  referred  .to  or  called  for,  until  such  a  descrip- 
tion is  inserted  as  to  indicate  that  it  is  of  real  estate  not  covered 
by  the  map  or  plat  or  record  thereof  so  called  for.  Any  and  all 
descriptions  of  real  estate  in  any  assessment,  land  tax  book,  book 
of  sales,  advertisements,  notice,  certificates  of  purchase,  receipts, 
deed,  paper  or  documents  of  any  nature  or  description  made  or 
executed  under  or  pursuant  to  this  article,  when  so  made  that  the 
lot  or  tract  intended  may  be  identified  or  located,  shall  be  deemed 
and  held  good,  valid  and  complete,  as  though  the  same  had  been 
written  out  in  full.     [R.  S.  1899,  Sec.  5636].     (o) 

Sec.  64.  Penalty  for  official  dereliction. — If  any  assessor, 
city  clerk,  city  auditor,  city  collector  or  other  officer  shall  fail 
to  perform  any  duties  imposed  on  him  by  this  article,  in  the  time 
herein  prescribed,  such  officer  shall  forfeit  and  pay  to  such  city, 
for  such  failure  to  perform  such  duty  on  the  day  required,  the 
sum  of  twenty-five  dollars,  and  for  every  day  after  the  first  day 
on  which  he  shall  so  fail  to  perform  such  duty  shall  forfeit  and 
pay  to  the  city  an  additional  sum  of  twenty-five  dollars,  to  be 
recovered  of  him  and  his  sureties,  in  an  action  on  his  official  bond, 
in  the  name  of  the  city;  but  such  failure  to  do  any  act  or  make 
any  return  on  any  prescribed  day  shall  in  no  manner  affect  the 
validity  of  such  act  if  done  afterwards.      [R.  S.  1899,  Sec.  5637]. 

(o)   Notice  of  sale  not  invalid  because  it  fails  to  state  the  city  or  county 
in  which  property  is  situated;     Comfort  v.  Ballingal,  134  Mo.  281. 


ART.  IX.  REVENUE.  103 

Sec.  65.  Sale,  when  discontinued. — When  all  the  parcels  of 
real  property  advertised  for  sale  have  been  offered  for  sale,  in  ac- 
cordance with  the  provisions  of  this  article,  and  any  portion 
thereof  shall  not  be  sold  for  want  of  bidders,  it  shall  be  the  duty 
of  the  city  collector  to  report  such  fact  to  the  comptroller,  who, 
if  he  deems  it  to  the  best  interest  of  the  city,  may  discontinue  such 
sale,  instead  of  having  such  sale  adjourned  as  hereinbefore  pro- 
vided, and  the  action  of  such  comptroller,  in  discontinuing  such 
sale,  shall  not  be  called  in  question  in  any  action  to  enforce  the 
collection  of  delinquent  taxes  by  suit,  as  hereinafter  provided. 
[R.  S.  1899,  Sec.  5638]. 

Sec.  66.  Suits  for  taxes. — When  any  sale  of  real  estate  shall 
be  discontinued,  as  hereinbefore  provided,  or  when  any  real  es- 
tate has  been  bid  off  for  the  city,  as  before  provided,  and  also  in 
all  cases  when  taxes  have  become  delinquent  before  the  passage 
of  this  article,  suit  may  be  brought  in  the  name  of  such  city  to 
enforce  the  collection  of  such  taxes,  general  or  special,  with  inter- 
est, cost  and  penalties  thereon  in  any  court  of  competent  jurisdic- 
tion. It  shall  be  sufficient  to  state,  in  the  petition  or  other  state- 
ment of  the  cause  of  action  in  any  such  case,  the  amount  of  the 
tax,  the  rate  of  interest  and  date  from  which  it  is  claimed,  the 
property  upon  which  it  is  a  charge,  the  owner  thereof,  and  the 
year  or  years  for  which  the  same  is  levied;  or  if  a  special  tax, 
the  date  and  title  of  the  ordinance  under  which  it  is  levied,  and 
that  such  tax  has  not  been  paid.  In  suits  for  the  collection  of 
taxes  on  personal  property  it  shall  be  sufficient  to  state  the 
amount  of  tax,  interest  and  costs,  and  penalty  claimed,  the  year 
or  years  for  which  it  was  levied,  the  owner  of  the  personal  prop- 
erty, and  that  the  tax  has  not  been  paid.      [R.  S.  1899,  Sec.  5639]. 

Sec.  67.  What  necessary  to  establish  in  tax  suit— judgment 
— amount. — In  all  suits  for  the  collection  of  taxes  on  personal 
property  by  the  city  counselor  it  shall  be  sufficient  to  state  the 
amount  of  tax,  interest,  costs  and  penalty  claimed,  the  year  or 
years  for  which  it  was  levied,  the  name  of  the  owner  of  the  per- 
sonal property,  and  that  the  tax  has  not  been  paid.  The  judg- 
ment, if  for  the  plaintiff,  shall  be  that  plaintiff  recover  the  amount 
found  due,  with  interest  and  penalties,  as  now  provided  by  law; 
also  all  costs  of  suit,  and  that  the  same  is  a  first  lien  on  the  goods 
and  chattels  of  such  person,  and  none  of  the  personal  property  of 


104  CHARTER. 

such  person  shall  be  exempt  from  levy  and  sale  to  satisfy  execu- 
tion under  said  judgment.  The  judge  of  police  court  and  justices 
of  the  peace  shall  have  jurisdiction  in  all  cases  for  the  collection 
of  personal  taxes  where  the  amount  does  not  exceed  three  hun- 
dred dollars.     [R.  S.  1899,  Sec.  5598). 

Sec.  68.  Who  shall  be  made  defendants. — It  shall  be  suffi- 
cient to  make  those  persons  having  an  interest  in  the  property  at 
the  commencement  of  the  suit  defendants,  but  those  who  are 
made  defendants  shall  be  bound,  and  a  sale  thereunder  shall  con- 
vey all  the  right,  title  and  interest  of  such  as  are  made  defend- 
ants, though  all  persons  who  have  an  interest  are  not  made  de- 
fendants or  parties  thereto.  The  judgment  for  taxes,  interest, 
costs  and  penalties  thereon  shall  have  priority  over  all  other  liens 
or  incumbrances.     [R.  S.  1899,  Sec.  5640] . 

Sec.  69.  Judgment. — The  judgment,  if  for  plaintiff,  shall  be 
that  plaintiff'  recover  the  amount  found  due  and  costs  of  suit,  to 
be  levied  of  the  real  estate  against  which  the  tax  is  charged.  Such 
judgment  shall  bear  the  same  rate  of  interest  as  did  the  tax  at 
the  date  of  the  judgment,  and  execution  shall  issue  on  judgments 
in  conformity  therewith,  and  the  sale  under  such  judgment  and 
execution  issued  thereon  shall  be  absolute  and  free  from  any  re- 
demption.    [R.  S.  1899,  Sec.  5641]. 

Sec.  70.  General  and  special  taxes  may  be  included  in  one 
suit. — When  there  are  general  and  special  taxes,  or  more  than 
one  year's  general  tax  due  the  city  upon  any  parcel  of  property, 
they  may  all  be  included  in  one  suit,  and  when  taxes  on  more  than 
one  parcel  of  land  owned  by  the  same  person  or  persons  are  due 
all  such  parcels  may  be  included  in  one  suit.  Owners  of  undi- 
vided interests  may  be  sued  jointly  or  severally,  and  each,  to- 
gether with  his  interest,  charged  with  the  proper  proportion  of 
the  tax,  though  such  tax  may  have  been  assessed  as  a  whole. 
When  any  parcel  of  land  has  been  included  in  the  assessment  of 
a  larger  parcel  or  tract  such  smaller  parcel  shall  be  charged  with 
its  fail  and  just  proportion  of  the  tax,  which  shall  be  determined 
by  the  court.  The  owners  of  the  whole  of  the  larger  parcels  may 
be  made  defendants,  and  each  parcel  charged  with  a  proper  share 
of  the  tax,  or  the  owners  of  any  one  or  more  of  the  smaller  par- 
cels may  be  sued  separately.     In  all  such  cases  the  several  taxes 


ART.  IX.  REVENUE,  105 

and  parcels  of  land  may  be  set  out  in  one  cause  of  action,  and 
judgment  entered  against  each  parcel  for  the  tax,  interest,  cost 
and  penalties  found  due  thereon.     [R.  S.  1899,  Sec.  5642] . 

Sec.  71.  Courts  having  jurisdiction  in  suit  for  taxes. — The 
judge  of  the  police  court  of  such  city  shall  have  exclusive  juris- 
diction in  all  cases  for  the  collection  of  taxes  due  the  city  when 
the  amount  does  not  exceed  the  sum  of  three  hundred  dollars 
($300.00)  and  the  defendant  has  been  served  with  summons,  and 
judgment  shall  be  as  heretofore  prescribed.  No  executions  shall 
be  issued  by  the  judge  of  the  police  court,  but  upon  filing  the 
transcript  of  such  judgment  in  the  office  of  the  clerk  of  the  cir- 
cuit court  of  such  county  at  such  city,  such  clerk  shall  record  the 
samean  the  book  kept  for  recording  transcripts  of  judgments  be- 
fore justices  of  the  peace,  and  shall  also  enter  such  judgment  in 
the  judgment  docket  of  such  court,  and  executions  shall  issue 
thereon  in  conformity  with  such  transcript  of  judgment.  In  all 
such  suits  before  the  judge  of  police  court  the  summons  shall  be 
directed  to  the  chief  of  police  and  served  by  him  or  the  police 
officer  in  the  name  of  the  chief  of  police.  In  cases  of  appeal  by 
either  party  from  the  judgment  rendered  by  said  police  court  the 
appeal  shall  be  to  the  circuit  court  of  such  county  in  which  said 
city  is  situated,  which  circuit  court  shall  have  appellate  jurisdic- 
tion thereof,  as  in  cases  appealed  from  justices  of  the  peace. 
[Laws  of  1905,  page  75]. 

Sec.  72.  Practice  to  be  as  in  civil  cases. — The  proceedings 
in  such  suits  for  the  collection  of  taxes  shall,  in  all  respects  not 
herein  provided  for,  conform  as  near  as  may  be  to  the  practice 
and  procedure  in  civil  cases,  including  the  sale  under  executions 
and  making  deed  to  purchaser:  Provided,  that  in  advertising 
property  for  sale  under  such  executions  it  shall  not  be  necessary 
to  publish  such  advertisement  in  more  than  one  newspaper.  [R. 
S.  1899,  See.  5644]. 

Sec.  73.  Tax  books  to  be  evidence. — The  tax  book  and  all 
other  books  and  papers  made  or  kept  by  the  auditor,  collector,  as- 
sessor or  other  officers  of  the  city,  in  any  manner  relating  to  any 
tax,  shall  be  received  in  all  courts  as  evidence  of  all  the  facts 
stated  therein,  and  of  the  validity  of  the  tax,  costs,  interest  and 
penalty  therein  appearing,  and  a  copy  of  so  much  of  any  of  the 


196  CHARTER. 

aforesaid  books  and  papers  as  relates  to  the  tax  in  question,  cer- 
tified to  by  the  auditor  or  any  other  officer  of  said  city  having  the 
same  in  charge  shall  be  received  in  evidence  in  like  manner  and 
with  like  etfect.     [R.  S.  1899,  Sec.  5645]. 

Sec.  74.  Attorney's  fee. — An  attorney  fee  of  ten  per  centum 
on  the  amount  of  the  judgment  shall  be  taxed  up  as  costs  in  every 
proceeding  for  the  collection  of  delinquent  taxes  under  this  arti- 
cle. Such  amount  of  ten  per  centum  shall  be  taxed  and  collected 
as  other  costs  in  the  case :  Provided,  that  no  such  fee  shall  be 
paid  till  the  judgment  and  other  costs  in  the  case  are  paid.  [R. 
S.  1899,  Sec.  5646]. 

Sec.  75.  Certain  terms  explained. — The  terms  real  property, 
real  estate  and  land,  where  used  in  this  article,  shall  include  not 
only  the  land  itself,  but  all  buildings,  fixtures,  improvements, 
rights  and  privileges  appertaining  thereto.  The  term  personal 
property  shall  include  every  tangible  thing  which  is  the  subject  of 
ownership,  not  forming  a  part  or  parcel  of  real  property,  and 
where  used  in  this  article  in  their  general  sense  shall  include  all 
taxable  property  other  than  real  property.  The  words  he,  his  or 
him,  when  so  used  as  to  refer  to  a  female,  shall  be  held  to  mean 
she,  hers  or  her,  and  when  so  used  as  to  refer  to  more  than  one 
person,  they,  their  or  them,  as  the  sense  may  require.  The  word 
tax  or  taxes,  where  used  in  this  article,  or  any  deed  or  paper  made 
or  executed  under  the  provisions  of  this  article,  shall  be  held  to 
mean  all  taxes,  general  or  special,  and  special  assessments,  as  the 
sense  may  seem  to  require.  The  word  person  shall  be  held  to 
mean  and  include  a  firm,  company  or  corporation,  as  the  sense 
may  seem  to  require.  The  term  tax  book,  where  used  in  this  ar- 
ticle without  either  of  the  qualifying  words  personal  or  land, 
shall  be  held  to  mean  and  include  personal  tax  book  and  land  tax 
book,  as  the  sense  may  seem  to  require.  The  word  merchant  or 
merchants,  where  used  in  this  article,  shall  be  held  to  mean  and 
include  every  person  or  copartnership  of  persons  who  shall  deal 
in  the  selling  of  goods,  wares  and  merchandise,  including  clocks, 
at  any  store,  stand  or  place  occupied  for  that  purpose  in  such 
city.     [R.  S.  1899,  Sec.  5647] . 


ART.  X. 


INDEBTEDNESS. 


107 


ARTICLE    X. 


INDEBTEDNESS— BONDS. 


Section 

Sect 

1. 

Cities    allowed    to    incur    indebt- 

11. 

ness. 

12. 

'1. 

Election   to    be    held,    notice. 

3. 

Ballots,   form  of. 

13. 

4. 

Bonds  to  issue,   when,   terms  of. 

14. 

5. 

Provisions   of  this  article,   scope 

of. 

15. 

6. 

Indebtedness  not  to  be  incurred. 

16. 

7. 

May    issue    bonds    for    improve- 

17. 

ments. 

IS. 

8. 

Ordinance  therefor. 

9. 

Certificate  of  circuit  judge. 

19. 

10. 

Notice  of  election. 

20. 

rioN 

Form  of  ballot. 

If  adopted,  certificate  of  circuit 
judge. 

Form  of  bond. 

Bonds  tu  be  signed  and  regis- 
tered. 

Sale  of  bonds. 

Taxes  to  pay  bonds. 

Bonds  to  be  numbeied. 

Bonded  indebtedness,  may  be 
funded,  proceedings  necessary. 

Form  of  ballot. 

Duty  of  county  court. 


Section  1.  Cities  allowed  to  incur  indebtedness. — The  va- 
rious cities,  towns  and  villages  in  this  state,  v^^hether  organized 
by  special  charter  or  under  the  general  laws  of  the  state,  may 
contract  a  debt  or  debts  in  excess  of  the  annual  income  and  reve- 
nue for  any  such  year,  for  any  purpose  authorized  in  the  charter 
of  such  city,  town  or  village,  or  by  any  general  law  of  the  state, 
upon  the  assent  of  two-thirds  of  the  legal  voters  of  such  city, 
town  or  village  voting  at  an  election  held  for  that  purpose: 
Provided,  such  indebtedness  so  to  be  contracted  shall  not,  with 
the  existing  indebtedness  of  such  city,  town  or  village,  exceed  in 
the  aggregate  five  per  cent  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  assessment  next  before  the  last 
assessment  for  state  and  county  purposes  previous  to  the  inr-ur- 
ring  of  such  indebtedness ;  and  provided  further,  that  the  proper 
authorities  of  every  such  city,  town  or  village  incurring  such  in- 
debtedness shall,  before  or  at  the  time  of  doing  so,  provide  for  the 
collection  of  an  annual  tax  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due,  and  also  to  constitute  a  sinking  fund 
for  the  payment  of  the  principal  thereof,  within  twenty  years 
from  the  time  of  contracting  same.      [K.  S.  1899,  Sec.  6350].     (a) 


(a)  As  to  what  constitutes  indebtedness:     Saleno  v.  City  of  Neosho,  127 
Mo.  627;  Lamar    W.  and  E.  L.  Co.  v.  City  of  Lamar,  128  Mo.  223. 


108  CHARTER. 

Sec.  2.  Election  to  be  held,  notice. — For  the  purpose  of 
testing  the  sense  of  the  voters  of  any  incorporated  city,  town  or 
village  upon  a  proposition  to  become  indebted  or  to  increase  the 
debt  thereof,  as  contemphited  in  the  next  preceding  section,  the 
council,  trustees  or  other  proper  authority  of  such  municipality 
shall  order  a  special  election  to  be  held,  of  which  they  shall  give 
not  less  than  fifteen  days  previous  notice,  by  publication  in  some 
newspaper  published  therein,  or  if  there  be  no  such  newspaper, 
then  by  posting  up  ten  written  or  printed  hand  bills  in  ten  public 
places  in  such  city,  town  or  village.  Such  election  shall  be  held 
and  judges  thereof  appointed  as  in  case  of  other  elections  in  such 
municipalities.     [R.  S.  1899,  Sec.  6351].     (b) 

Sec.  3.  Ballots,  form  of. — The  council,  trustees  or  other 
proper  officers  of  such  city,  town  or  village  shall  prepare  and 
cause  to  be  printed  ballots  to  be  used  at  such  election,  which  shall 
be  in  the  following  form:  "For  increase  of  debt — Yes;"  "For 
increase  of  debt — No ; ' '  the  former  of  which  shall  be  taken  as 
a  vote  assenting  to  such  increase  of  debt,  and  the  latter  as  dis- 
senting therefrom.     [R.  S.  1899,  Sec.  6352]. 

Sec.  4.  Bonds  to  issue,  when,  and  terms  of. — Upon  the  re- 
sult of  such  election  being  certified  by  the  judges  thereof  to  the 
council,  trustees  or  other  proper  officials  of  such  city,  town  or  vil- 
lage, such  council  or  trustees,  if  the  proposition  for  the  incurring 
or  increasing  of  such  debt  be  carried,  may  by  proper  ordinance 
declare  such  result  and  cause  bonds  of  such  city,  town  or  village 
to  be  issued,  covering  the  amount  of  such  debt,  payable  to  bearer, 
and  in  denominations  of  not  less  than  $100  nor  more  than  $1,000 
each,  payable  in  not  less  than  five  nor  more  than  twenty  years 
from  the  date  thereof,  at  the  option  of  such  city,  town  or  village, 
with  interest  from  date  not  exceeding  eight  per  cent  per  annum, 
payable  semi-annually;  which  bonds  shall  have  interest  coupons 
attached  to  conform  to  tlie  face  of  the  bond.  All  such  bonds 
shall  be  attested  by  the  signature  of  the  mayor  or  other  chief 
officer  of  such  city,  town  or  village,  and  of  the  clerk  thereof,  and 
each  bond  shall  have  affixed  thereto  the  corporate  seal  of  such 
muiiici{);il  corporation.     Such  bonds  may  be  negotiated  and  sold, 

(b)  An  election  need  not  be  ordered  by  ordinance;  a  resolution  is  suf- 
ficient for  that  purpose:  State  ex  rel.  Town  of  Canton  et  al.  v.  Allen, 
178  Mo.  555. 


ART.  X.  INDEBTEDNESS.  109 

but  in  no  case  shall  they  be  sold  for  less  than  par.     [Laws  of  1901, 
page  83]. 

Sec.  5.  Provisions  of  this  article,  scope  of. — The  provisions 
of  the  preceding  four  sections  shall  apply  to  all  cities,  towns  and 
villages  in  this  state,  whether  organized  by  special  charter  or  un- 
der the  general  laws  of  the  state,  any  provision  in  any  special 
charter  of  any  city,  town  or  village  in  the  state  to  the  contrary 
notwithstanding.      [R.  S.  1899,  Sec.  6354]. 

Sec.  6.  Incurring  indebtedness,  limit. — No  money  shall  be 
borrowed  or  indebtedness  incurred  for  a  longer  period  than  one 
year  on  the  faith  and  credit  of  any  city  of  the  second  class  by 
the  issue  and  sale  of  bonds,  except  as  in  this  article  provided,  and 
then  only  to  an  amount,  including  indebtedness  of  the  city  exist- 
ing at  the  time  of  the  issue  of  the  bonds,  in  the  aggregate  not  ex- 
ceeding five  per  centum  of  the  value  of  the  taxable  property  in 
the  city,  to  be  ascertained  by  the  assessment  next  before  the  last 
assessment  for  state  and  county  purposes  previous  to  the  incur- 
ring of  such  indebtedness.     [R.  S.  1899,  Sec.  5559]. 

Sec.  7.  May  issue  bonds. — Any  such  city  may,  by  ordinance 
passed  by  its  common  council  and  approved  by  its  mayor,  provide 
for  the  issue  and  sale  of  bonds  of  the  city,  either  to  borrow  money 
thereon  to  pay  for  any  public  work,  improvement  or  improve- 
ments for  which  it  may  legally  appropriate  and  pay  out  money 
in  its  treasury,  or  to  pay  in  whole  or  in  part  for  any  such  work, 
improvement  or  improvements.  The  ordinance  shall  specify  such 
public  work,  improvement  or  improvements  so  to  be  paid  for  in 
some  reasonably  definite  manner  to  enlighten  voters,  and  the 
amount  of  bonds,  proposed  to  be  issued  for  such  public  work,  im- 
provement or  improvements.      [R.  S.  1899,  Sec.  5560].     (c) 

Sec.  8.  Ordinance  to  contain,  what. — ^uch  ordinance  shall 
provide  that  such  bonds  shall  bear  date  to  be  deemed  the  date  of 
issue  thereof,  which  shall  not  be  later  than  ninety  days  from  the 

(c)  Propositions  to  the  voters  of  a  municipality  for  the  issuance  of  bonds 
for  the  construction  of  a  public  building  and  for  improvements  in  the 
waterworks  and  electric  light  plant  cannot  be  submitted  as  one  prop- 
osition, to  be  answered  "yes"  or  "no;"  and  bonds  issued  pursuant  to 
an  election  in  which  they  were  united  in  the  same  submission  are 
invalid:     State  ex  rel.  Bethany  v.  Allen,  85  S.  W.  Rep.  531. 


110  CHARTER. 

approval  of  the  ordinance ;  also,  that  the  bonds  shall  bear  interest 
at  a  rate  to  be  specified,  not  exceeding  six  per  cent  per  anmmi, 
payable  semi-annually  on  presentation  and  surrender  of  the  cou- 
pons therewith;  also,  that  the  city  shall  collect  an  annual  tax 
sufficient  to  pay  the  interest  on  such  bonds  as  it  falls  due,  and  also 
to  constitute  a  sinking  fund  for  the  payment  of  the  principal 
thereof  within  twenty  years  from  the  time  of  issue  thereof,  pur- 
suant to  the  constitution  and  law^s  of  the  state ;  also,  the  time  at 
which  the  principal  of  the  bonds  shall  be  payable,  not  exceeding 
twenty  years  from  issue,  subject  to  payment  of  any  or  all  thereof 
before  that  time  out  of  the  sinking  fund  constituted  for  that  pur- 
pose, and  also  specify  a  day  on  which  an  election  shall  be  held  for 
the  purpose  of  voting  on  the  proposition  to  issue  such  bonds.  [R. 
S.  1899,  Sec.  5561].     (d) 

Sec.  9.  Ordinance  referred  to  circuit  judge. — After  passage 
and  approval  of  such  ordinance,  the  city  counselor  and  city  comp- 
troller shall  present  the  same  to  a  judge  of  the  circuit  court  of 
the  county  in  which  the  city  is  situate,  and  submit  to  him  a  sworn 
statement  of  the  city  comptroller,  showing  the  then  existing  in- 
debtedness of  the  city  of  every  nature  and  description,  and 
amount  thereof,  and  what  such  indebtedness  will  be,  as  near  as 
he  can  calculate,  at  the  date  of  issue  of  the  bonds.  There  shall 
also  be  submitted  to  such  judge  proof  satisfactory  to  him  of  the 
value  of  the  taxable  property  in  the  city,  ascertained  by  the  as- 
sessment next  before  the  last  assessment  for  state  and  county  pur- 
poses. Such  other  proofs  as  the  judge  may  require  shall  be  sub- 
mitted, and  if,  after  full  examination,  he  be  satisfied  that  the 
amount  of  bonds  proposed  to  be  issued  can  be  issued  without  vio- 
lation of  the  constitution  or.  laws  of  the  state,  he  shall  so  certify 
over  his  hand  on  the  back  of  the  original  ordinance.  [R.  S.  1899, 
Sec.  5562]. 

Sec.  10.  Notice  of  election.— After  such  certificate  the  city 
shall  cause  to  be  published  in  two  or  more  newspapers,  printed 
and  published  in  the  city,  for  at  least  thirty  successive  days  prior 

(d)  Provision  that  city  shall  collect  an  annual  tax  sufficient  to  pay  the 
interest  as  it  falls  due  and  also  to  constitute  a  sinking  fund  for  pay- 
ment of  principal  within  20  years  from  the  date  of  issue,  is  self- 
enforcing;  and  a  levy  of  a  tax  for  such  purposes  is  mandatory,  without 
a  direct  vote  of  the  people  on  the  levy  itself:  Evans  v.  McFarland, 
85  S.  W.  Rep.  873. 


ART.  X.  INDEBTEDNESS.  Ill 

to  the  time  for  election,  in  each  issue  of  the  papers  during  the 
time,  a  copy  of  such  ordinance  and  certificate,  with  a  proclamation 
according  to  law,  that  an  election  will  be  held  at  the  time  ap- 
pointed in  the  ordinance  for  the  voters  of  the  city  to  vote  on  the 
proposition  for  the  issue  of  bonds  as  proposed  by  the  ordinance. 
[R.  S.  1899,  Sec.  5563]. 

Sec.  11.  Election,  form  of  ballot. — Any  elector  or  voter  de- 
siring at  sLieh  election  to  assent  to  the  incurring  of  indebtedness 
by  such  issue  of  bonds,  may  cast  a  ballot  having  Avritten  or 
printed  thereon,  "for  issue  of  bonds,"  but  if  he  does  not  desire 
to  assent  to  incurring  indebtedness  by  such  issue  of  bonds  he  may 
east  a  ballot  having  written  or  printed  thereon,  ''against  issue  of 
bonds."  Such  election  shall  be  conducted,  and  the  result  ascer- 
tained and  declared  as  near  as  may  be,  as  in  case  of  other  special 
city  elections,  and  the  city  maj^  pass  and  enforce  all  ordinances 
proper  to  conduct  the  election  and  learn  the  sense  of  the  voters 
as  to  the  issue  of  bonds.     [R.  S.  1899,  Sec.  5564]. 

Sec.  12.  If  adopted,  certificate  of  circuit  judge  to  be  pro- 
cured.— If  two-thirds  of  the  voters  of  the  city  voting  at  such  elec- 
tion shall  assent  to  the  city  becoming  indebted  by  the  issue  of  such 
bonds  the  city  shall  apply  to  the  judge  of  the  circuit  court  in 
which  the  city  is  situate,  for  a  certificate  that  at  the  date  of  the 
issue  of  such  bonds  the  city  can  legally  become  indebted  for  the 
amount  of  the  bonds  as  proposed  by  the  ordinance,  and  that  the 
indebtedness  incurred  by  such  bonds,  together  with  all  other  in- 
debtedness of  the  city,  of  every  nature  and  description,  existing 
at  the  date  of  such  issue,  does  not,  in  the  aggregate,  exceed  five 
per  centum  on  the  value  of  the  taxable  property  in  the  city,  ascer- 
tained by  the  assessment  next  before  the  last  assessment  for  state 
and  county  purposes  previous  to  the  incurring  of  such  indebted- 
ness by  said  bonds,  issued  according  to  the  ordinance.  Such  cer- 
tificate shall  also  state  the  aggregate  amount  of  all  indebtedness 
of  the  city  of  every  nature  and  description,  including  such  bonds 
at  the  date  of  such  issue,  and  the  amount  of  five  per  centum  on 
such  taxable  property  in  the  city,  ascertained  as  aforesaid.  Tes- 
timony, under  oath,  as  to  the  indebtedness  of  the  city  shall  be 
submitted  to  the  judge,  and  su^^h  other  proofs  be  also  submitted 
as  he  may  require,  so  that  he  may,  on  full  investigation,  make  the 
required  certificate  if  the  facts  warrant  the  same.     Without  such 


112  CHARTER. 

certificate  no  bonds  whatever  shall  be  issued.  Such  certificate, 
when  obtained,  shall  be  indorsed  on  the  original  ordinance  and 
be  recorded  therewith,  and  a  copy  thereof  shall  be  printed  on 
the  back  of  each  bond.     [R.  S.  1899,  Sec.  5565] . 

Sec.  13.  Bond,  form  of. — Each  bond  shall,  on  the  face  there- 
of, recite,  among  other  things,  that  it  is  issued  by  the  city,  nam- 
ing it,  pursuant  to  the  ordinance  therefor,  to  be  referred  to  by  its 
title  and  date  of  approval,  and  with  the  assent  of  two-thirds  of  the 
voters  of  the  city  voting  at  an  election  held  for  that  purpose  on 
the  day  provided  in  such  ordinance,  to  be  mentioned  in  the  bond 
as  in  the  ordinance,  to  the  city  becoming  indebted  by  the  issue  of 
such  bonds;  that  the  indebtedness  of  the  city  incurred  by  the 
bonds  issued  pursuant  to  such  ordinance,  together  with  all  other 
indebtedness  of  the  ciiy  of  every  nature  and  description,  existing 
at  the  date  of  such  issue,  does  not,  in  the  aggregate,  exceed  five 
per  centum  of  the  value  of  the  taxable  property  in  the  city,  ascer- 
tained by  the  assessment  next  before  the  last  assessment  for  state 
and  county  purposes,  previous  to  the  incurring  of  such  indebted- 
ness by  said  bonds,  as  stated  in  the  certificate  of  the  judge  printed 
on  the  back  of  the  bond;  and  shall  also  state  that  the  city  may, 
before  maturity  of  the  bonds,  call  for  and  pay  the  same  out  of  the 
sinking  fund  constituted  according  to  said  ordiiiance  and  the  con- 
stitution and  laws  of  Missouri,  for  payment  of  all  such  bonds 
within  twenty  years  from  the  issue  thereof.  Such  bonds  shall  be 
for  the  payment  of  one  thousand  dollars  each,  and  be  made  paya- 
ble to  some  person  or  party  or  order,  or  merely  to  bearer.  Each 
coupon  shall  contain  a  promise  of  the  city  to  pay  the  sum  specified 
therein,  as  six  months'  interest  on  the  bond  to  which  it  is  attached, 
designated  by  number  and  date.     [R.  S.  1899,  Sec.  5566].     (e) 

Sec.  14.  Signing  bonds — ^to  be  registered. — All  such  bonds 
shall  be  signed  by  the  mayor  of  the  city  and  countersigned  by  the 
city  comptroller,  with  the  seal  of  the  city  affixed  thereto.  Cou- 
pons may  be  signed  by  the  city  comptroller,  or  have  his  signature 

(e)  The  recital  in  a. municipal  bond  "that  all  acts,  conditions  and  things 
required  by  the  constitution  and  laws  of  the  state  to  be  done  pre- 
cedent to  and  in  the  issuance  of  this  bond  have  been  properly  done, 
in  regular  and  due  form,  and  time,  as  required  by  law  and  that  the 
total  indebtedness  of  the  city  including  this  bond  does  no<"  exceed 
the  constitutional  limitation,"  is  a  mere  self-serving  narration,  and 
estops  no  one  to  investigate  its  validity:  Evans  v.  McFarland,  85 
S    W.  873. 


ART.  X.  INDEBTEDNESS.  I  1 3 

lithographed  or  engraved  thereon.  8ueh  bonds  shall,  before  they 
obtain  validity,  be  presented  to  the  state  auditor  and  registered 
by  him  according  to  article  2  of  chapter  83  of  the  Revised 
Statutes  of  the  state  of  Missouri  of  1899,  or  any  other  general 
law  of  the  state  as  to  registration  of  bonds  in  force  at  the  time  of 
such  issue.     [R.  S.  1899,  Sec.  5567] . 

Sec.  15.  Sale  of  bonds — disposition  of  proceeds. — No  such 
bond  shall  be  sold  or  disposed  of  by  the  city  for  less  than  the  par 
value  thereof,  and  all  coupons  matured  at  the  time  of  any  sale  or 
disposition  shall  be  canceled.  The  money  borrowed  on  any  such 
bonds,  or  the  bonds  themselves,  shall  be  used  only  to  pay  for  the 
public  work,  improvement  or  improvements  specified  in  the  ordi- 
nance providing  for  the  issue  thereof.  The  city  comptroller  shall 
be  charged  with  the  duty  of  regulating  and  controlling  the  use 
of  such  money  and  bonds,  and  no  money  so  borrowed  shall  be  paid 
or  bonds  delivered  without  his  warrant  or  order.  Money  so  bor- 
rowed and  bonds  so  issued,  until  disposed  of  as  aforesaid,  shall 
remain  in  the  treasury  of  the  city,  and  the  city  treasurer,  and  the 
sureties  of  his  official  bond,  shall  be  liable  therefor.  When  it  is 
proposed  to  pay  for  any  public  work  or  improvement  or  improve- 
ments mentioned  in  the  ordinance  for  issue  of  such  bonds,  with 
the  bonds  themselves  instead  of  money,  the  bonds  shall  count  as 
means  standing  to  the  credit  of  the  proper  fund  or  revenue  ac- 
count for  the  purpose  of  the  comptroller  certifying  that  unappro- 
priated means  stand  to  the  credit  of  any  fund  or  revenue  account 
mentioned  in  any  ordinance  appropriating  such  bonds  for  the  pur- 
poses aforesaid,  to  meet  the  requirements  of  any  ordinance  appro- 
priating the  same.  Subject  to  provisions  hereof  the  city  may, 
by  ordinance,  provide  for  the  disposition  of  the  bonds  and  use 
thereof,  or  of  money  borrowed  thereon,  and  the  safe  keeping  of 
bonds  and  money  until  properly  used.      [R.  S.  1899,  Sec.  5568]. 

Sec.  16.  Tax  levy  for  interest  fund — payment  of  bonds.^ 
The  city  issuing  any  such  bonds  shall  each  year  levy  and  collect 
an  annual  tax  sufficient  to  pay  the  interest  on  such  bonds  as  it 
falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment 
of  the  principal  of  the  bonds  within  twenty  years  from  the  time 
of  issue  thereof.  The  per  centum  of  levy  for  such  purpose,  de- 
termined by  the  city  comptroller,  shall  be  stated  in  the  ordinance 

8 


114  CHARTER. 

for  levy  of  taxes  each  year,  and  the  iiioney  realized  by  collection 
of  such  tax  shall  be  nsed  only  for  the  purpose  of  paying  the  inter- 
est and  prineii)al  of  the  bonds.  The  money  collected  from  such 
taxes,  not  used  from  time  to  time  to  pay  interest  coupons,  shall 
constitute  a  sinking  fund  for  paying  the  principal  of  the  bonds. 
AVlieuever,  in  the  opinion  of  the  city  comptroller,  there  is  sufficient 
money  belonging  to  the  sinking  fund  to  make  it  to  the  interest  of 
the  city  to  pay,  take  up  and  cancel  one  or  more  of  such  bonds,  he 
shall  proceed  to  do  so  out  of  such  sinking  fund.  If  a  sui!icient 
amount  of  bonds  are  not  voluntarily  offered  for  redemption  the 
city  comptroller  shall,  in  such  manner  as  he  may  see  fit, 
determine,  by  lot,  which  bond  or  bonds  of  those  outstanding  shall 
be  redeemed,  such  determination  to  be  conclusive  against  the 
holder  or  holders  of  all  such  outstanding  bonds,  and  make  a  call 
for  return  of  the  bond  or  bonds  to  be  redeemed  to  the  city  for  the 
payment  and  cancellation,  by  making  an  actual  demand  by  letter 
or  otherwise  on  the  holder  or  holders  thereof,  if  known  to  him, 
but  if  not  known  to  him,  by  publication  of  notice  for  ten  days  in 
at  least  one  newspaper  printed  and  i)ublislied  in  the  city,  and  in 
at  least  one  newspaper  printed  and  published  in  the  City  of  New 
York,  or  place  Avhere  such  bonds  are  made  payable.  Such  de- 
mand or  notice  shall  specify  the  numbers  of  the  bonds  called  for, 
and  after  such  call,  interest  on  such  bonds  so  called  shall  cease 
with  the  maturity  of  the  coupon  on  each  called  bond  maturing 
next  after  such  call,  and  all  coupons  on  each  bond  so  called  subse- 
quently maturing  shall  be  surrendered  with  the  bond  to  the  city 
on  payment  of  the  principal  of  such  bond,  such  payment  to  be 
made  on  presentation  of  the  bond  and  coupons  therewith,  at  the 
place  of  payment  specified  on  the  face  of  the  bond,  or  if,  for  any 
reason,  that  is  not  practicable,  then  at  the  treasury  of  the  city. 
The  comptroller  shall,  in  providing  for  payment  of  the  last  cou- 
pon, payable  on  any  called  bonds,  take  such  steps  as  he  may  deem 
reasonable  to  give  holders  of  the  bonds  called  for  actual  notice  of 
the  call  at  the  time  of  paying  such  coupon  or  coupons.  [R.  S. 
1899,  Sec.  5569]. 

Sior.  17.  Bonds  to  be  numbered. — l^onds  issued  pursuant  to 
any  such  ordinance  shall  be  numbered  consecutively  from  one  up, 
and  be  designated  in  a  series  of  a  certain  number,  or  in  some  other 
way  convenient  for  keeping  accounts  and  performing  the  duties 
enjoined  by  this  article.     [R.  S.  1899,  Sec.  5570] . 


ART.  X.  INDEBTEDNESS.  1 1 5 

Sec  is.  Bonded  indebtedness  of  cities,  towns,  villages  and 
school  districts  may  be  funded — proceedings  necessary. — 'Die  v;i- 
rious  counties  in  this  state  for  themselves,  as  well  as  in  behalf  of 
any  township  or  parts  of  townships  for  which  saicl  counties  may 
have  heretofore  issued  any  bonds,  and  the  several  cities,  villages, 
incori)oratecl  towns  and  school  districts  are  hereby  authorized  by 
their  resf^ective  county  courts,  and  said  cities,  villages  and  incor- 
porated towns  by  their  proper  authorities,  and  the  said  school  dis- 
tricts by  their  respective  school  boards,  to  fund  any  part  or  all 
of  their  bonded  or  judgment  indebtedness,  including  bonds,  cou- 
pons or  any  judgment,  whether  based  on  bonded  or  other  indebt- 
edness at  a  lower  rate  of  interest,  and  for  that  purpose  may  make, 
issue,  negotiate,  sell  and  deliver  renewal  or  funding  bonds  and 
with  the  proceeds  thereof  pay  oft",  redeem  and  cancel  such  judg- 
ments, or  old  bonds  as  the  same  are  called  for  redemption :  Pro- 
vided, that  said  funding  bonds  shall  not  be  sold  for  less  than  par 
value  thereof,  and  that  in  no  case  shall  the  amount  of  the  debt  of 
any  such  county,  township,  or  parts  of  townships,  or  city,  village, 
incorporated  town  or  school  district,  nor  the  rate  of  interest  on 
such  debt,  be  increased  or  enlarged  under  the  provisions  of  this 
article ;  and  provided,  also,  that  no  funding  bonds  issued  under 
this  article  shall  be  payable  in  less  than  five  nor  more  than  thirty 
years  from  date  thereof,  and  that  such  funding  bonds  shall  be  of 
the  denomination  of  not  more  than  one  thousand  dollars  ($1,000), 
nor  less  than  one  hundred  dollars  ($100),  and  shall  bear  interest 
not  to  exceed  five  per  cent,  (o^/o)  per  annum,  payable  annually 
or  semi-annually,  and  to  this  end  each  bond  shall  have  annexed 
interest  coupons,  and  the  funding  bonds  and  coupons  shall  be 
made  i)ayable  to  bearer:  Provided,  further,  that  nothing  in  this 
act  shall  be  so  construed  as  prohibiting  any  county,  city,  town- 
shi])  or  school  district  that  now  has  or  may  hereafter  have  a 
bonded  or  judgment  debt  (except  as  hereinafter  provided),  from 
funding  or  refunding  such  debt  without  the  submission  of  the 
question  to  a  popular  vote  whenever  such  funding  or  refunding 
can  be  done  at  a  lower  rate  of  interest  than  the  debts  so  funded  or 
refunded  bore :  Provided,  however,  that  no  indebtedness,  judg- 
ment or  claim  founded  on  bonds  or  coupons  issued  in  the  aid  of  or 
in  payment  for  the  capital  stock  of  any  railroad  company  shall 
be  funded,  nor  shall  any  bonds  be  issued  in  lieu  thereof  or  in 
compromise  therefor  until  authorized  by  a  majority  of  the  quali- 
fied voters  of  such  county,  city,  township  or  parts  of  townships 


1 1  (')  CHARTER. 

voting:  at  an  election  held  for  that  purpose  pursuant  to  an  order 
entered  of  record  by  the  county  court  of  such  county  or  council 
or  aldermen  of  such  city  on  petition  of  at  least  fifty  (50)  of  the 
resident  taxpayers  of  such  county,  city  or  township,  after  public 
notice  by  advertisement  in  some  weekly  newspaper  printed  and 
published  in  such  county  or  city,  if  there  be  such  paper,  and  if 
not  then  in  such  paper  nearest  to  such  county  or  city,  setting 
forth  the  object  of  the  election  for  four  weeks,  and  in  addition 
posting  up  ten  written  or  printed  hand  bills,  in  public  places  in 
such  county  or  city,  before  the  time  for  such  proposition  to  fund 
its  said  indebtedness  shall  be  voted  on,  which  said  notice  shall 
contain  the  object  and  general  nature  of  the  proposition  to  fund 
said  indebtedness.  The  election  herein  provided  for  shall  be 
held  in  conformity  with  the  statutes  of  the  state  covering  state, 
county  or  municipal  elections.  And  when  such  indebtedness  has 
been  once  compromised  and  funded  the  funding  bonds  issued  in 
lieu  thereof  may  again  be  refunded  according  to  the  other  provis- 
ions of  this  article  without  such  election.  [La^vs  of  1901,  page 
52]. 

Sec.  19.  Form  of  ballot. — AVhen  the  proposition  to  fund  any 
part  or  all  of  the  bonded  indebtedness  of  any  county,  city,  town- 
ship or  parts  of  townships  shall  require  the  assent  of  the  voters 
thereto,  and  said  proposition  shall  be  submitted  to  the  qualified 
voters  of  such  county,  city,  township  or  parts  of  townships,  those 
who  favor  the  proposition  to  fund  such  indebtedness  may  at  any 
election  held  aforesaid  deposit  a  written  or  printed  ballot  in  this 
form:  "To  fund  bonded  indebtedness — Yes;"  and  those  of  the 
qualified  voters  at  such  election  w^ho  oppose  the  proposition  to 
fund  such  indebtedness  may  deposit  a  written  or  printed  ballot  in 
this  form:  "To  fund  bonded  indebtedness — No;"  and  the  vote& 
of  such  proposition  shall  be  taken  and  their  returns  thereof  made 
and  canvassed  in  all  respects  as  is  or  may  be  provided  by  law  for 
the  election  and  return  of  state,  county,  city  or  township  officers. 
[Laws  of  1901,  page  53]. 

Sioc.  20.  Duty  of  county  court. — If  at  the  election  aforesaid 
a  majority  of  the  qualihed  voters  of  such  county,  city,  township 
or  parts  of  townships  voting  at  such  election  shall  vote  in  favor 
of  funding  any  part  or  all  of  such  indebtedness,  then  the  county 


ART.  X.  INDEBTEDNESS.   .  117 

eoiu't  of  such  county,  or  by  the  authorities  of  such  city,  township 
or  townships  shall  be  fully  authorized  and  empowered  to  proceed 
at  once  to  fund  any  part  or  all  of  its  indebtedness  in  conformity 
with  the  provisions  of  this  article,  and  for  that  purpose  may  em- 
ploy a  financial  agent  to  assist  them.      [Laws  of  1901,  page  53]. 


18 


CHARTER. 


ARTICLE     XI 


CONDEMNATION   OF  PRIVATE  PROPERTY  FOR  PUBLIC  USE. 


Section 

1.  City  counselor  lo  file  petition. 

2.  Notice  of  filing  petition. 

3.  Appointment    of    commissioners. 

4.  Duties  of   commissioners. 

5.  Return  of  assessment. 
Exceptions    to    report    of    com- 
mission. 

Costs   of   iiroceedings,    by   wliom 
paid. 


«. 


Section 

8.  Report    of   commission    to    coun- 

cil. 

9.  Appropriation   to  pay  damages. 

10.  Damages   to   be   paid   into  court, 

when. 

11.  Council     to     pass     ordinance     in 

certain  cases. 


Sec.  1.  City  counselor  to  file  petition. — Whenever  the  eoni- 
nion  eoRiicil  in  any  city  of  the  second  class  shall  provide  by 
ordinance  for  establishing,  opening,  widening  or  altering  any 
street,  avenue,  alley,  market  place  or  public  square,  or  route  for 
a  sewer,  and  it  ])ecomes  necessary  for  that  purpose  to  appropriate 
ju-ivate  property,  and  shall,  in  said  ordinance,  detine  the  limits 
Avithin  Avhieh  private  property  shall  be  assessed  to  pay  for  said 
impi'ovement,  the  city  counselor,  in  the  name  of  such  city,  shall 
apply  to  the  circuit  court  of  the  judicial  circuit  where  such  city 
is  located,  or  to  any  one  of  the  judges  in  vacation,  by  petition, 
setting  forth  tlie  general  nature  of  the  improvements  proposed 
to  be  made,  the  names  of  the  owners  of  the  several  lots  or  parcels 
of  land,  if  known,  or,  if  unknown,  a  correct  description  of  the 
parcels  whose  owners  are  unknown,  and  praying  the  appoint- 
ment of  tliree  disinterested  commissioners,  free  holders  of  prop- 
erty in  said  city,  to  assess  the  damages  which  said  owners  may 
severally  sustain  by  reason  of  the  ai)propriation  and  condemna- 
tion of  such  i-eal  estate  by  the  city  for  tiny  of  the  purposes  afore- 
said, and  to  assess  the  proi)erty  especially  benefited  by  said  im- 
l)rovemeiit  within  said  limits  to  pay  therefor,  to  which  petition 
the  ov/nei-s  of  all  such  lots  or  parcels  of  land  embraced  in  the 
jn-oposed  improvement  shall  be  made  parties  defendant  by  name, 
if  the  names  be  known,  and  by  description  of  the  land  of  unknown 
owners.  If  the  proceedings  seek  to  affect  lands  of  persons  under 
guardianship,  the  guardians  must  l)e  made  parties  defendant; 
if  the  lands   of  mnrricd   women,   their  husbands  must   be   made 


ART.  XI.  CONDEMNATION.  1 1 9 

parties  defendant.  If  the  possessor  of  land  to  be  affected  has  an 
estate  less  than  a  fee,  the  person  having  the  next  vested  estate  in 
remainder  or  reversion  must,  if  known,  be  made  a  party  defendant. 
It  shall  not  be  necessary  to  make  any  person  parties  defendant  in 
respect  to  their  ownership  nnless  they  are  in  actual  possession 
of  the  premises  to  be  afrected,  or  have  a  title  to  the  premises 
appearing  of  record  upon  the  proper  record  of  the  countv.  [R. 
S.  1899.  Sec.  5CAS].     (a) 

Sec.  2.  Notice  of  filing  petition. — Upon  the  filing  of  the  peti- 
tion a  summons  shall  be  issued  giving  such  defendants  at  least 
ten  (10)  days'  notice  of  the  time  when  the  said  petition  will  be 
heard,  which  summons,  if  served  within  the  city,  shall  be  served 
by  the  chief  of  police,  or  by  some  officer  in  the  name  of  said  chief 
of  police,  either  of  whom  shall  for  such  purpose  be  ex  officio  an 
officer  of  the  circuit  court,  or  if  served  without  the  city,  and 
within  the  state,  such  summons  shall  be  served  by  the  sheriff  of 
the  county  where  the  defendant  may  be  found,  the  service  of  such 
summons  to  be  made  in  the  same  manner  as  writs  of  summons 
are  or  may  be  by  law  retiuired  to  be  served.  If  the  name  or  resi- 
dence of  the  owner  be  unknown,  or  if  the  owner  or  any  of  them  do 
not  reside  within  the  state,  notice  of  the  time  of  the  hearing  of  the 
petition,  reciting  the  substance  of  the  petition  and  the  date  fixed 
for  the  hearing  thereon  shall  be  given  by  publication  for  four  (4) 
weeks  consecutively,  prior  to  the  time  of  hearing  the  petition,  in 
the  newspaper  for  the  time  doing  the  city  printing.  (Laws  of 
1905,  page  74].     (b) 

Sec.  3.  Appointment  of  commissioners. — The  court,  or  a 
judge  thereof  in  vacation,  on  being  satisfied  that  due  notice  of  the 
pending  of  the  petition  has  been  given,  shall  appoint  three  disin- 
terested commissioners,  freeholders  of  property  in  said  city,  and 
residents  of  the  city  for  three  years  next  preceding  their  appoint- 
ment, to  assess  the  damages  which  the  owners  of  the  land  may 
severally  sustain  by  reason  of  such  appropriation,  and  to  assess  the 

(a)  Necessity  and  expediency  of  condemnation  of  land  is  determined  by 
city.  Whetlier  such  taking  is  for  a  public  use,  is  a  judicial  question: 
Cape  Girardeau  v.  Houck,  129  Mo.  G07;  The  City  of  Kansas  v.  Baird, 
98  Mo.  215. 

See  generally,  Kansas  City  v.  Bacon,  147  Mo.  259. 

(b)  The  summons  may  be  made  returnable  by  the  judge  of  the  court  in 
vacation,  and  is  not  void  because  not  made  returnable  at  the  begin- 
ning of  the  next  term:      City  of  St.  Joseph  v.  Truckenmiller,  183  Mo.  9. 


120  CHARTER. 

property  especially  benefited  by  said  improvement  within  said 
limits  to  pay  therefor.      [R.  S.  1899,  Sec.  5650]. 

Skc  4.  Duties  of  cominissioners. — It  shall  be  the  duty  of  the 
commissioners  to  ascertain  the  actual  value  of  the  land  and  prem- 
ises proposed  to  be  taken,  without  reference  to  the  projected  im- 
provement and  the  actual  damage  done  to  the  property  thereby, 
and  for  the  payment  of  such  values  and  damages  to  assess  against 
the  city  the  amount  of  benefit  to  the  public  generally,  and  the 
balance  against  the  owner  or  owners  of  all  property  within  said 
limits  which  shall  be  especially  benefited  by  the  proposed  im- 
provement, in  the  opinion  of  the  commissioners,  to  the  amount  that 
each  lot  of  said  owner  shall  be  benefited  by  the  improvement. 
The  sums  to  be  paid  by  the  owners  of  property  especially  bene- 
fited by  the  improvement,  as  ascertained  by  the  commissioners, 
shall  be  a  lien  upon  the  property  so  charged,  and  shall  be  col- 
lected as  i)rovided  by  ordinance,  and  when  collected  shall  be  paid 
into  the  city  treasury  as  a  separate  fund,  to  be  used  exclusively 
for  the  payment  of  the  damages  awarded:  Provided,  however, 
that  in  the  opening  of  an  alley  the  benefits  shall  be  paid  by  the 
owners  of  the  property  in  said  block  abutting  on  the  proposed 
alley.     [R.  S.  1899,  Sec.  5651] .     (c) 

Sec.  5.  Return  of  assessment. — When  the  commissioners 
shall  have  viewed  the  property  and  assessed  the  value  and  dam- 
ages and  benefits  they  shall  make  their  return  of  such  assessment 
in  wi'iting  and  under  oath  to  the  circuit  court,  or  clerk  in  vaca- 
tion, which  shall  be  filed  by  the  said  clerk.     In  making  such  re- 

(c)  Assessment  of  only  one  dollar  against  city  not  unjust  discrimination: 
Kansas  City  v.  Smart,  128  Mo.  272;  Kansas  City  v.  Bacon,  157  Mo.  450. 
It  cannot  be  declared  as  a  matter  of  law  that  a  benefit  assessment  of 
$2.00  per  front  foot  against  a  lot  adjoining  the  park,  and  one  of  $50 
per  front  foot  against  a  lot  a  mile  away  is  such  inequality  as  to  make 
the  whole  assessment  unlawful:     Kansas  City  v.  Bacon,  157  Mo.  450. 

Where  a  city,  after  commencing  proceedings  to  condemn  land,  chooses 
to  abandon  them,  the  owner  is  not  entitled  to  damages;  it  is  entirely 
discretionary  with  the  city  whether  it  will  pay  the  damages  assessed 
and  take  the  property  or  abandon  it  altogether:  Sylvester  v.  St. 
i.ouis,  1G4  Mo.  601. 

The  owner  may  have  an  action  for  damages  for  any  wrongful  and  in- 
jurious acts  done  by  the  municipality  in  the  course  of  the  condemna- 
tion proceedings:  Sylvester  v.  St.  Louis,  164  Mo.  601;  Owen  v. 
Springfield.  83  App.  557;  St.  Louis  Brewing  Ass'n.  v.  St.  Louis,  168 
Mo.  :}7. 


ART.  XI.  CONDEMNATION.  121 

port  the  value  and  damages  allowed  to  each  owner  and  the  bene- 
tits  assessed  against  each  individual  shall  be  separately  stated. 

[R.  S.  1899,  Sec.  5652].     (d) 

Sec.  6.  Exceptions  to  report  of  commissioners. — The  report 
of  said  commissioners  may  be  reviewed  by  the  circuit  court,  or 
judge  thereof  in  vacation,  on  written  exceptions  filed  by  either 
party  in  the  clerk's  office  within  ten  days  after  the  filing  of  such 
report,  and  he  shall  make  such  order  therein  as  right  and  justice 
may  require,  and  may  order  a  new  appraisement  on  good  cause 
shown ;  but  the  hearing  of  such  exceptions  shall  be  summary,  and 
the  court  shall  fix  a  day  therefor  without  delay,  upon  the  filing  of 
any  such  exceptions,  or  within  ten  days  after  the  expiration  of  the 
time  given  said  city  to  report  the  same  to  the  common  council  as 
hereinafter  provided.      [R.  S.  1899,  Sec.  5653]. 

Sec.  7.  Costs  of  proceedings,  by  whom  paid. — The  cost  of 
the  proceedings  up  to  and  including  the  filing  of  the  report  of 
the  commissioners  shall  be  paid  by  tbe  city,  and  as  to  any  cost 
caused  by  subsequent  litigation  the  cost  shall  be  paid  by  the  los- 
ing party.  The  commissioners  may  be  allowed  a  reasonable  com- 
pensation for  their  services,  to  be  fixed  by  the  common  council  by 
ordinance.      [R.  S.  1899,  Sec.  5654]. 

Sec.  8.  Report  of  commission  to  council. — Upon  the  report 
of  said  commissnoners  being  filed  in  the  circuit  court,  or  with  the 
clerk  thereof,  the  court  shall  give  to  such  city,  upon  application 
of  the  city  counselor,  reasonable  time  to  report  the  result  of  the 
same  to  the  common  council  for  its  information  and  approval, 
during  which  time  no  action  will  be  had  in  or  by  said  court  upon 
said  report ;  and  such  city  shall  have  the  right,  at  any  time  be- 
fore the  final  confirmation  of  said  report,  to  dismiss  and  with- 
draw said  proceedings  on  payment  of  costs  thereof:  should  the 
city  dismiss  or  withdraw  any  proceedings  for  condemnation  after 
the  report  of  the  commissioners  has  been  filed  no  action  for  such 
condemnation  shall  be  had  for  a  period  of  three  years  next  there- 
after, unless  upon  the  petition  of  the  owners  of  three-fourths  of 
the  property  fronting  on  the  line  of  the  proposed  improvement, 

(d)  Owners  cannot  consent  to  give  their  land  on  condition  of  exemption 
from  assessments:  City  of  St.  Louis  v.  Meier,  77  Mo.  13;  Vrana  v. 
City  of  St.  Louis,  164  Mo.  146. 


1 22  CHARTER. 

or  upon  payment  by  the  city  of  the  entire  value  and  damages  such 
as  aforesaid.      |R.  S.  1899,  Sec.  5655]. 

Sec.  9.  Appropriation  to  pay  damages. — When  the  report 
of  the  commissioners  shall  have  been  approved,  or  final  action 
taken  thereon  by  the  court,  the  clerk  of  the  circuit  court  shall 
make  a  certified  copy  of  the  report  and  the  linal  action  of  the 
court  thereon,  and  deliver  the  same  to  the  city  clerk,  who  shall 
forthwith  record  the  same  in  a  book  to  be  provided  for  the  pur- 
pose. It  shall  be  the  duty  of  the  clerk,  as  soon  as  the  same  is 
recorded,  to  furnish  a  copy  thereof  to  the  common  council,  and 
the  common  council  shall,  at  its  first  session  thereafter,  make  an 
appropriation  for  the  payment  out  of  the  city  treasury  of  the 
amount  awarded  against  said  city,  or  the  total  amounts  awarded, 
as  the  council  may  deem  advisable,  and  the  city  treasurer  shall 
cause  the  same  to  be  paid  to  the  parties  entitled  thereto,  respect- 
ively, or  into  court  for  their  use,  as  provided  by  ordinance.  Any 
failure  of  the  common  council,  within  the  time  above  stated,  to 
make  such  appropriation,  shall  operate  as  a  dismissal  of  such  pro- 
ceedings, and  no  future  action  for  such  condemnation  shall  be 
commenced  for  a  period  of  five  years,  except  as  hereinbefore  pro- 
vided in  case  of  dismissal  by  the  city.  [R.  S.  1899,  See. 
5656].     (e) 

Sec.  10.  Damages  to  be  paid  into  court,  when. — If  the  own- 
ership of  property  condemned  be  in  controversy  the  amount  of 
tlie  damages  assessed  for  said  property  shall  be  paid  into  the 
court  for  the  use  of  the  successful  claimant  of  the  property: 
I'rovided,  however,  that  as  soon  as  the  damages  assessed  shall 
have  been  paid  or  tendered  to  the  parties  entitled  thereto,  re- 
spectively, the  improvement  may  be  proceeded  with.  |R.  S. 
1899,  Sec.  5657]. 

Sec.  n.     Council  to  pass  ordinances  in  certain  cases. — When 

it  Ijccomes  necessary  for  the  city  to  condenni  private  property  for 
other  and  different  public  uses  than  those  already  specified  in  this 

(e)  Although  the  statute  requires  the  city  council  to  appropriate  the 
damages  and  costs  at  the  first  session  after  the  city  clerk  reports 
to  it  the  judgment  of  the  court  in  a  condemnation  proceeding,  an  ap- 
propriation made  at  any  one  of  seven  meetings  of  that  session  is  a 
compliance  with  the  statute  in  that  regard:  St.  Joseph  v.  Trucken- 
niiller,  18:]  Mo.  9. 


ART.  XI.  CONDEMNATION.  123 

act  the  common  council  shall  pass  an  ordinance  to  that  effect, 
which  shall  set  forth  the  purposes  for  which  said  property  is  re- 
quired, and  to  which  it  shall  be  especially  dedicated.  The  value 
and  damages  of  said  property  shall  be  ascertained  in  the  same 
manner  as  directed  in  this  act  in  the  ease  of  opening  streets,  and 
the  same  shall  be  paid  by  the  city  to  the  owner  or  owners  of  said 
property.      [R.  S.  1899,  Sec.  5658]. 


124 


CHARTER. 


ARTICLE      XII 


CHANGE  OF  ESTABLISHED  GRADE— GRADING  STREETS. 


Section 


No  street  or  alley  to  be  graded, 
except  when. 

Ordinance  to  prescribe  benefi- 
ciary limits. 

Ordinance   to  be  published. 

Plat  to  be  furnished  mayor. 

Proceedings,    by   whom   heard. 

Notice  of  time  for  assessing 
damages,  etc. 

Appointment    of    commissioners. 

Duties  of  commissioners,  ver- 
dict, what  to  contain. 

Verdict  may  be  set  aside,  etc. 


Section 

10.  Judgment,     proceedings     to     en- 

force. 

11.  Appeals,   when  taken,   etc. 

12.  Proceedings  to  conform  to  prac- 

tice in  civil  cases. 

13.  Grading     may     be     commenced, 

when. 
U.     Proceedings   exclude   other  rem- 
edies,   etc. 

15.  Ordinances     may     be     repealed, 

effect. 

16.  Treasurer    to    receive    and    re- 

ceipt  for   benefit   assessments. 


Section  1.     No  street  or  alley  to  be  graded,  except  when.^ 

No  street,  alley  or  otliec  ])ublic  place  in  any  cit}'  of  the  second 
class  shall  be  graded  so  as  to  change  the  existing  grade  thereof 
unless  the  property  owners  to  be  affected  thereby  petition  therefor 
and  waive  all  claim  to  damages  on  account  thereof,  or  unless  such 
damages  shall  be  first  ascertained  and  paid  as  hereinafter  pro- 
vided, and  any  special  tax  bills  issued  for  grading  in  violation  of 
this  law  shall  be  void.     [Laws  of  1903,  page  74]. 

Si:c.  2.  Ordinance  to  prescribe  beneficiary  limits. — When 
any  ordinance  shall  be  passed  ordering  the  grading  or  regrading 
of  any  street,  avenue,  alley  or  any  part  thereof  to  such  changed 
grade  the  common  council  shall,  in  the  same  ordinance,  determine 
and  prescribe  the  limits  within  w^hich  private  property  is  bene- 
fited by  the  proposed  grading  to  the  grade  so  changed.  [R.  S. 
1899,  Sec.  5666]. 


Sec.  3.  Ordinance  to  be  published. — The  city  clerk  or  the 
mayor  shall,  at  the  cost  of  th(>  city,  cause  to  be  published  a  copy 
of  said  ordinance  within  Iwi'iity  days  from  the  taking  effect  of 
the  same,  in  some  newspajier  printed  and  published  in  the  cit}^ 
in  each  issue  of  such  paper  for  ten  successive  issues.  [i\.  S.  1899, 
See.  5667]. 


ART.  XII.  CHANGE  OF  GRADE.  1 25 

Sec.  4.  Plat  to  be  furnished  mayor.^Within  thirty  days  af- 
ter the  passage  of  the  ordinance  the  city  engineer,  or  if  there  be 
none,  the  county  surveyor,  shall  furnish  the  mayor  or  city  clerk 
a  map  or  plat  containing  a  correct  description  of  the  several  lots 
or  parcels  of  jorivate  property  in  the  benefit  limits  prescribed  in 
said  ordinance.     [R.  S.  1899,  Sec.  5668]. 

Sec.  5.  Proceedings,  by  whom  heard. — The  proceedings 
hereinafter  provided  for  may  be  heard  by  the  circuit  court  in 
term  time,  or  by  a  judge  thereof  in  vacation,  and  a  complete  rec- 
ord thereof  shall  be  kept  in  either  case.      [R.  S.  1899,  Sec.  5669] . 

Sec.  6.  Notice  of  time  for  assessing  damages,  etc. — AVhen  the 
mayor  or  other  city  officer  shall  file  a  certified  copy  of  said  ordi- 
nance in  the  circuit  court  or  with  the  clerk  thereof,  such  court  or 
judge  thereof  shall  fix  a  day  and  place  for  assessing  the  dam- 
ages and  benefits  to  arise  from  the  proposed  grading,  and  shall 
make  an  order  reciting  the  ordinance,  and  said  order  shall  be  di- 
rected to  all  persons  whom  it  may  concern,  without  naming  them, 
notifying  them  of  the  place  and  the  day  fixed  for  the  ascertaining 
of  damages  and  benefits  to  arise  from  such  grading.  A  copy  of 
such  order  shall  be  pubJished  in  each  issue  of  some  newspaper  of 
general  circulation  printed  and  published  in  the  city  for  two  suc- 
cessive weeks,  the  last  insertion  to  be  not  more  than  one  week 
prior  to  the  date  so  fixed  for  said  hearing ;  said  cause  may  be  con- 
tinued or  postponed  from  time  to  time.  No  notice  of  said  pro- 
ceedings shall  be  necessary  except  as  herein  provided,  and  proof 
of  publication  of  such  order  may  be  made  by  the  affidavit  of  any 
editor  or  person  connected  with  the  newspaper.  On  or  before 
the  day  set  for  the  hearing  any  person  claiming  damages  by  rea- 
son of  the  proposed  grading  may  file  or  cause  to  be  filed  with  the 
clerk  of  said  court  a  description  of  the  property  claimed  to  be 
damaged,  and  the  interest  of  the  claimant  therein.  The  clerk 
shall  note  the  filing  of  every  such  claim  as  a  part  of  the  record  in 
said  cause.     [R.  S.  1899,  Sec.  5670]. 

Sec.  7.  Appointment  of  commissioners.— On  the  day  set  for 
the  hearing,  if  the  copy  of  the  order  has  been  duly  published  as 
herein  required,  the  judge  or  court  shall  appoint  and  cause  to  be 
impaneled  a  board  of  six  commissioners,  who  shall  be  disinter- 


126  CHARTER. 

ested  freeholders,  and  allowed  the  same  fees  as  jurors  are  allowed 
for  their  services.      [R.  S.  1899,  Sec.  5671]. 

Sec.  8.  Duties  of  Commissioners — verdict,  what  to  contain. — 
The  commissioiuTs  pi-ovided  for  in  the  preceding  section  shall 
be  sworn  to  ascertain  and  report  the  actual  damages  or  just  com- 
pensation to  be  paid  in  each  case  separately,  as  well  as  the  bene- 
fits to  be  assessed  under  such  instructions  as  shall,  after  hearing 
the  parties,  be  given  them  by  the  judge  or  court.  Parties  inter- 
ested may  submit  proof  to  the  commissioners,  and  said  commis- 
sioners shall  examine,  personally,  each  piece  of  property  de- 
scribed on  such  map  or  plat,  antl  all  property  claimed  to  be  dam- 
aged by  such  proi)osed  grading.  The  commissioners  shall  ascer- 
tain and  state  in  their  report  or  verdict:  First,  the  amount  of 
actual  damages  to  each  piece  of  private  property  that  w'ill  be 
damaged  by  reason  of  the  proposed  grading,  having  due  regard 
to  and  making  just  allowance  for  all  benefits  to  such  piece  of 
property  from  such  grading,  and  when  the  damages  to  any  piece 
of  ]n'()perty  do  not  exceed  the  benefits  thereto  from  the  proposed 
improvement  the  commissioners  shall  not  report  any  allowance  of 
damage  to  such  piece  ;  second,  if  the  commissioners  shall  find  that 
private  property  is  actually  damaged  by  reason  of  proposed  im- 
])rovement,  to  pay  the  total  amount  of  such  damages  allowed,  they 
shall  first  assess  against  the  city  such  sum  as  is  equal  to  the 
amount  of  henetit  that  the  city  at  large  will  receive  from  the  pro- 
posed improvement,  and  the  balance  of  the  sum  so  awarded  as 
damages,  and  not  assessed  against  the  city,  the  commissioners 
shall  assess  against  ])i'ivate  property,  within  the  benefit  limits  pre- 
scribed in  the  ordinance,  but  excluding  from  such  assessment  any 
piece  of  private  property  to  which  damages  are  awarded  on  ac- 
count of  the  proposed  improvement,  and  no  piece  of  private  prop- 
erty shall  be  assessed  with  benefits  in  any  amount  in  excess  of 
the  actual  benefits  which  the  same  will  receive  by  reason  of  the 
proposed  improvement.  If  the  commissioners  cannot  agree  the 
judge  or  court  may  discharge  them,  and  may  proceed  to  impanel 
another  board,  but  the  order  to  impanel  a  new  board  of  commis- 
sioners must  be  made  on  the  day  of  discharging  any  board  of 
conniiissionei-s,  and  must  name  the  time  and  plac(^  for  im])am'ling 
a  iH'w  ])()ard.      IIJ.  S.  1S99,  Sec.  56721. 


ART.  XII.  CHANGE  OF  GRADE.  127 

Sec.  9.  Verdict  may  be  set  aside,  etc. — The  vei-dict  of  the 
board  of  eommissioners  shall  be  signed  by  each  commissioner  and 
delivered  to  the  judge  or  court  on  the  day  fixed  for  such  report 
at  the  hearing  of  the  matter,  unless  said  commissioners  are 
granted  further  time  by  the  judge  or  court ;  said  report  or  verdict 
shall  contain  a  correct  description  of  each  lot  or  parcel  of  i)rop- 
erty  damaged,  the  names  of  the  claimants  and  the  amount  of  dam- 
ages thereto ;  also  the  amount  of  benefit  assessed  against  the  city, 
together  with  a  correct  description  of  each  lot  or  parcel  of  private 
property  assessed  with  benefit,  and  the  amount  assessed  against 
the  same.  The  city  engineer,  or  if  there  be  none,  then  the  sur- 
veyor of  the  county,  shall,  when  requested  by  the  judge,  put  the 
verdict  or  report  in  proper  form.  The  judge  may,  on  his  own 
motion  or  on  the  motion  of  the  city,  or  any  party  interested  in  the 
proceeding,  for  good  cause,  set  aside  the  verdict  or  report  of  any 
board  of  commissioners,  and  thereupon  appoint  a  new  board  to 
perform  the  duties  in  this  article  prescribed,  and  fix  a  time  and 
place  for  impaneling  another  board  and  a  rehearing  of  the  whole 
matter.  The  court  costs  up  to  and  including  the  judgment  and 
the  costs  of  publishing  notice  herein  required  shall  be  paid  by 
the  city.      [R.  S.  1899,  Sec.  5673].      ' 

Sec.  10.  Judgment,  proceedings  to  enforce. — The  verdict 
or  report  shall,  unless  set  aside,  be  confirmed  and  judgment  en- 
tered thereon,  that  the  city  pay  the  damages  assessed  therein,  and 
that  the  city  recover  the  respective  amounts  assessed  against  pri- 
vate property,  and  that  the  several  lots  or  parcels  of  private  prop- 
erty so  assessed  to  pay  compensation  by  the  verdict  or  report 
stand  severally  charged  and  be  bound  for  the  payment  of  the  re- 
spective assessments ;  also  the  interest  and  costs  that  may  accrue 
thereon.  Such  judgment  may  be  enforced  by  a  special  execu- 
tion if  the  same  is  not  paid,  or  as  to  the  portion  not  paid.  The 
judgment  as  to  benefits  assessed  against  private  property  shall 
bear  interest  at  the  rate  of  ten  per  cent  per  annum,  unless  ap- 
pealed from,  but  in  case  of  appeal  interest  shall  be  charged  only 
from  date  of  affirmance  of  the  judgment  or  dismissal  of  the  appeal 
in  the  appellate  court.  The  execution  herein  authorized  shall  be 
deemed  sufficient  if  it  recites  the  date  of  the  judgment,  the- amount 
assessed  against  each  tract  described  therein,  and  states  that 
such  tract  or  tracts  were  assessed  to  pay  compensation  for  damage 
to  private  property  for  grading  of  a  street,  alley  or  part  thereof, 


128  CHARTER. 

as  the  case  may  be,  giving  the  title  and  date  of  the  approval  of  the 
ordinance  ordering  such  grading,  and  command  the  officer  to 
whom  such  execution  is  directed  to  sell  each  tract  or  parcel  of 
property  therein  described,  or  so  much  thereof  as  may  be  neces- 
sary to  satisfy  the  assessment  and  interest  and  costs  due  thereon. 
[E.  S.  1899,  Sec.  5674]. 

Sec.  11.  Appeals,  when  taken,  etc. — Any  party  aggrieved 
by  the  judgment  may  take  an  appeal  therefrom  by  filing  such  an 
affidavit  as  is  required  in  appealing  civil  cases.  However,  such 
appeal  shall  be  perfected  within  thirty  days  from  the  delivery  of 
the  verdict  or  report.  In  case  of  appeal  the  judgment  shall  stand 
suspended  until  the  appeal  is  disposed  of.  No  writ  of  error  shad 
be  allowed.  The  clerk  of  the  appellate  court  shall  put  such  case 
upon  the  docket  for  hearing  at  the  next  term  of  that  court  after 
the  appeal  is  alloAved.  No  error  or  defect  not  affecting  the  rights 
of  the  appellant  shall  work  a  reversal  of  the  judgment.  [R.  S. 
1899,  Sec.  5675]. 

Sec.  12.  Proceedings  to  conform  to  practice  in  civil  cases. — ■ 
The  proceedings  herein  shall,  in  all  respects  not  herein  provided 
for,  conform  as  near  as  may  be  to  the  practice  and  i)rocedure  in 
civil  cases,  including  the  sale  under  execution  and  the  making 
of  deeds  to  purchasers.      [R.  S.  1899,  Sec.  5676]. 

Sec.  13.  Grading-  may  be  commenced,  when. — If  the  verdict 
or  report  of  the  conuiiissioiiers  shall  declare  that  no  damage  will 
result  to  private  property  from  the  proposed  grading,  or  if  dam- 
ages assessed  by  such  verdict  or  report  shall  be  paid  to  the  owners 
or  into  court  for  them  the  city  authorities  may  proceed  to  cause 
the  grading  to  be  done  according  to  the  ordinance.  Payment  to 
the  clerk  of  the  court  shall  be  deemed  a  payment  into  court  of  any 
damages  assessed.  When  damages  are  assessed  to  any  piece  or 
parcel  of  private  property  and  paid  into  court  the  right  to  such 
damages,  if  there  be  more  than  one  claimant,  may  be  determined 
by  the  court  on  motion  of  any  party  claiming  an  interest  therein, 
but  the  costs  resulting  from  such  motion  shall  not  be  assessed 
against  the  city.     [R.  S.  1899,  Sec.  5677]. 

Sec.  14.  Proceedings  exclude  other  remedies,  etc.^The 
proceedings  here  prescribed  for  ascertaining  damages  or  compen- 


ART.  XII.  CHANGE  OF  GRADE.  129 

satioii  to  private  property  from  grading  of  streets,  avenues,  alleys 
or  parts  thereof,  shall  be  taken  and  held  by  the  courts  as  exclud- 
ing every  other  method  and  remedy  for  such  ascertainment.  Any 
person  failing  to  receive  an  award  of  damages  in  the  proceedings 
herein  authorized  shall  be  held  concluded  by  the  verdict  or  report 
of  the  commissioners  and  the  judgment  thereon.  And  such  ver- 
dict or  report  shall,  in  every  other  proceeding,  legal  or  equitable, 
be  taken  and  held  as  conclusive  as  to  what  property  will  be  dam- 
aged and  benefited,  or  either,  and  the  extent  thereof,  by  the  pro- 
posed grading,  subject  to  review  only  as  herein  allowed.  [R.  S. 
1899,  Sec.  5678]. 

Sec.  15.  Ordinance  may  be  repealed,  effect. — The  common 
council  shall  have  power  at  any  time  within  six  months  after  the 
conclusion  of  said  proceeding  to  repeal  the  ordinance  ordering  the 
proposed  grading,  if  they  deem  such  repeal  to  the  best  interests  of 
tne  city,  and  in  such  event  the  judgment  for  damages  and  bene- 
fits shall  become  void,  and  the  city  shall  return  the  amount  of 
benefit  of  assessments  paid,  if  any,  to  the  person  who  paid  the 
same.      [R.  S.  1899,  Sec.  5679]. 

Sec.  16.  Treasurer  or  collector  to  receive  or  receipt  for  ben- 
efit assessments. — It  shall  be  the  duty  of  the  city  treasurer  or  col- 
lector to  receive  the  benefit  assessments  on  private  property  at 
any  time  after  the  conclusion  of  the  proceeding  before  the  is- 
suance of  execution ;  and  he  shall  give  triplicate  receipts  there- 
for, one  of  which  shall  be  filed  with  the  city  auditor  and  one  with 
the  comptroller  of  the  city.  It  shall  be  the  further  duty  of  the 
treasurer  or  collector  to  acknowledge  satisfaction  of  any  such 
assessment  paid  to  him  on  the  margin  of  the  judgment  record. 
[R.  S.  1899,  Sec.  5680]. 


130 


CHARTER. 


ARTICLE    XIII. 


GRADING  AND  PAVING  STREETS. 


6. 


and    paving    of    streets, 


with 


Section 

1.  Grading 

etc. 

2.  Cost,   how  apportioned. 

3.  Property     to     be     charged 

costs. 

4.  Tax  bill  to  be  lien  on  property. 

5.  Tax    bill    against    railroad    right 

of  way. 
Lien     of     contractor;     how     en- 
forced. 


Section 

7.  Judgment  a  lien   on  property  of 

railroad   company. 

8.  Sidewalks. 
What  costs  paid  out  of  revenue. 
Council    to    prescribe    width    of 

sidewalks,    etc. 

Proceedings   on   petition   for   im- 
provements. 

Contractors  to  give  bond. 


9. 
10. 


11. 


12. 


Section  1.  Of  the  grading  of  streets,  etc. — The  common 
council  shall  have  power  to  cause  to  be  graded,  constructed,  re- 
constructed, paved  or  otherwise  improved  and  repaired  all  streets, 
sidewalks,  alleys  and  public  highways  or  parts  thereof,  within  the 
city,  at  such  time  and  to  such  extent,  and  of  such  dimensions, 
and  with  such  materials,  and  in  such  manner  and  under  such  reg- 
ulations as  shall  be  provided  by  ordinance ;  and  all  ordinances 
and  contracts  for  such  work  shall  specify  how  the  work  shall  be 
paid  for ;  and  in  case  payment  is  to  be  made  by  special  tax  bills 
the  city  shall  in  no  event,  nor  in  any  manner  whatever,  be  liable 
for  or  on  account  of  work,  except  as  is  otherwise  provided  for  in 
the  following  section :  Provided,  that  in  no  case  shall  a  petition 
be  necessary  to  authorize  the  common  council  to  cause  to  be 
graded,  constructed,  reconstructed,  paved  or  otherwise  improved 
and  repaired  any  street,  sidewalk,  alley  or  public  highway,  or 
parts  thereof  within  the  city ;  but  it  may  cause  such  work  to  be 
done,  and  such  improvements  to  be  made  whenever  it  may  deem 
the  same  necessary.  Provided,  however,  that  in  all  eases  where 
a  majority  of  the  resident  real  estate  owners  in  front  feet,  on  such 
street,  avenue,  alley  or  public  highway,  or  the  part  thereof  pro- 
posed to  be  graded,  constructed,  reconstructed,  paved  or  macad- 
amized shall  petition  the  common  council  to  have  such  street,  av- 
enue, alley  or  public  highway  graded,  constructed,  reconstructed, 
paved  or  macadamized  the  same  shall  be  ordered  done :  Pro- 
vided, that  whenever  an  ordinance  is  introduced  providing  for 
the  doing  of  any  such  work  and  the  making  of  any  such  improv- 


ART.  XIII.  GRADING  AND  PAVING  STREETS.  131 

ments  according  to  the  provisions  of  this  section  without  the  same 
being  petitioned  for  by  the  real  estate  owners  as  aforesaid,  the 
ordinance  authorizing  and  ordering  the  work  to  be  done  and  the 
improvements  to  be  made,  and  every  amendment  thereto,  shall 
not  be  finally  voted  upon  and  passed  by  the  common  council 
until  such  ordinance  shall  have  been  first  published  for  five  con- 
secutive days  in  the  newspaper  at  the  time  doing  the  city  print- 
ing, and  before  the  passage  of  such  ordinance,  the  common  council 
shall  hear  and  determine  all  objections,  if  any  there  be,  to  such  or- 
dinance. If  the  common  council  shall  find  and  declare  by  ordi- 
nance that  the  ordinance  authorizing  such  work  to  be  done  and 
improvements  to  be  made  has  been  published  for  the  time  and  m 
the  manner  herein  required,  such  finding  and  recitations  shall  be 
conclusive  upon  all  parties  concerned,  and  no  tax  bill  shall  be 
held  invalid  on  account  of  the  insufficiency  of  such  ordinances 
and  notice.     [R.  S.  1899,  Sec.  5661].     (a) 

Sec.  2.  Cost,  how  apportioned. — The  cost  of  all  the  work 
mentioned  in  the  last  section,  except  as  otherwise  provided  in  this 
article,  shall  be  apportioned  as  follows,  namely:  The  cost  of  all 
work  on  any  sidewalk,  including  curbing  and  guttering  alongside 
thereof,  and  of  all  work  on  any  alley,  shall  be  charged  as  a  special 
tax  upon  the  adjoining  land,  according  to  the  frontage  thereof 
on  the  sidewalk  or  allej^  The  cost  of  all  work  on  streets,  avenues 
and  highways,  or  any  part  thereof,  except  as  hereinafter  provided, 
shall  be  charged  as  a  special  tax  on  lands  on  both  sides  of  and  ad- 
joining the  street,  avenue  or  highway,  or  part  thereof,  except, 
however,  that  the  cost  of  grading  any  street,  avenue  or  highway,, 
exclusive  of  grading  the  sidewalks  thereto,  shall  be  charged  as  a 
special  tax  on  all  the  property  on  both  sides  of  such  street,  avenue 
or  highway ;  or  part  thereof,  graded  within  the  following  limits, 
namely :     In  case  any  of  the  land  fronting  on  the  street,  avenue  or 

(a)  City  liable  for  grading  street  to  the  damage  of  abutting  property: 
Werth  V.  City  of  Springfield,  78  Mo.  107;  Sheehy  v.  Cable  R.  Co.,  94 
Mo.  75;  Gibson  v.  Owens,  115  Mo.  258;  Hickman  v.  Kansas  City,  120 
Mo.  110;  Smith  v.  St.  Joseph,  122  Mo.  643. 

Liability  for  damages  for  change  of  an  established  grade  does  not  extend 
to  improvements  put  on  the  lot  after  the  grade  is  established,  but  is 
confined  to  damage  done  the  lot  independent  of  such  improvements: 
Clinkenbeard  v.  City  of  St.  Joseph,  122  Mo.  641. 

City  not  liable  for  damages  caused  by  change  of  grade,  unless  the  change 
was  directed  by  an  ordinance  passed  by  the  council  and  approved  by 
the  mayor:  Stuebner  v.  St.  Joseph,  81  App.  278;  Hall  v.  City  of 
Trenton,  86  App.  326;  Koeppen  v.  Sedalia,  89  App.  648. 


132  CHARTER. 

highway,  or  part  thereof,  graded,  be  laid  off  into  lots  and  blocks, 
the  property  so  laid  off  from  the  line  of  the  street,  avenue  or  nign- 
way,  back  to  the  center  line  of  block  or  blocks,  shall  be  so  charged* 
whether  fronting  on  the  street,  avenue  or  highway  or  not;  never- 
theless, the  common  council  shall  have  power,  by  ordinance,  to 
prescribe  that  such  property  shall  not  be  charged  beyond  the  al- 
le3^s  in  such  blocks,  if  deemed  just  and  equitable;  and  in  case  any 
land  fronting  on  such  street,  avenue  or  highway,  or  part  thereof, 
graded,  be  not  laid  off  into  lots  and  blocks,  then  the  property  not 
so  laid  off  and  the  property  in  the  rear  thereof,  on  the  line  of 
the  street,  avenue  or  highway,  or  part  thereof,  graded  back  one 
hundred  and  fifty  feet,  shall  be  so  charged,  whether  fronting  on 
the  street  or  not ;    and  property  liable  for  such  grading  shall  be 
charged  according  to  the  value  thereof,  exclusive  of  improvements 
thereof,  as  provided  in  the  next  succeeding  section ;    and  in  case 
of  question  on  the  part  of  the  assessor  or  engineer  as  to  whether 
any  lands  fronting  on  the  street,   avenue   or  highway,   or  part 
thereof,  be  laid  off  in  lots  and  blocks  or  not,  within  the  meaning 
of  this  section,  the  common  council  shall,  or  on  its  own  motion, 
deeming  that  such  question  exists,  may,  by  ordinance,  for  the 
guidance  of  the  assessor  or  engineer  in  making  out  special  tax 
bills,  and  charging  the  property  to  that  end,  determine  whether  or 
not  any  particular  land  or  lands  fronting  on  the  street,  avenue  or 
highway,  or  part  thereof,  graded,  be  or  not  laid  off  into  lots  and 
blocks  within  the  meaning  of  this  section,  and  such  determination 
shall  be  conclusive  on  all  parties  interested  for  all  purposes ;   and 
the  cost  of  all  work  mentioned  in  the  last  section  done  on  spaces 
fronting  on  any  street,  avenue,  highway  or  alley  shall  be  deemed 
part  of  the  cost  of  the  work  done  on  other  spaces  under  the  same 
ordinance  and  contract,  and  be  charged  and  paid  accordingly: 
Provided,  the  owner  of  any  lot  or  parcel  of  ground  fronting  on 
sucli  street  shall,  within  ten  days  after  the  letting  of  the  con- 
tract for  such  work,  notify  the  city  engineer,  in  writing,  that  he 
desires  to  pay  for  such  work  in  five  annual  payments,  then  the 
city  engineer  shall  make  out  five  separate  special  tax  bills,  each 
for  one-fifth  part  of  the  cost  of  such  work,  bearing  interest  as 
aforesaid,  which  rate  shall  be  fixed  in  each  case  by  ordinance — 
•each  payment  to  bear  not  to  exceed  ten  per  cent  interest  from 
date  of  issue  to  date  of  payment,  which  rate  shall  be  fixed  by  ordi- 
nance— said  interest  payable  semi-annually  on  the  first  days  of 
February  and  July  of  each  year  at  the  office  of  the  city  treasurer ; 


ART.  XIII.  GRADING  AND  PAVING  STREETS.  133 

and  if  default  is  made  in  payment  of  interest  due  on  either  of 
said  days,  then  the  principal  and  interest  due  on  such  special  tax 
bills  shall  become  then  and  there  due  and  payable,  and  may  be 
collected  as  provided  in  section  5664.  [R.  S.  1899,  Sec. 
5662].     (b) 

Sec.  3.  Property  to  be  charged  with  costs. — After  a  contract 
has  been  made  for  the  grading  of  any  street,  avenue  or  highway, 
or  part  thereof,  exclusive  of  grading  the  sidewalks  thereon,  the 
common  council  shall,  by  ordinance,  cause  an  assessment  to  be 
made  of  the  value  of  all  the  property  to  be  charged  with  the 
cost  thereof,  exclusive  of  the  improvements  thereon,  by  the  city 
assessor,  which  assessment  shall  be  delivered  to  the  city  engineer, 
and  when  such  grading  shall  be  completed  the  city  engineer  shall 
compute  the  cost  thereof,  and  apportion  such  cost  among  the  sev- 
eral lots  or  parcels  of  property  to  be  charged  therewith,  according 
to  the  value  thereof  fixed  by  the  city  assessor  as  aforesaid,  and 
charge  each  lot  or  parcel  of  property  with  its  proper  share  of 
such  cost :  Provided,  that  the  common  council  shall  have  power, 
by  ordinance,  in  ease  they  shall  deem  it  best  for  the  public  inter- 
est, to  cause  to  be  graded  any  street,  alley  or  avenue  within  the 
city  limits,  at  the  expense  of  the  city.  When  any  work  other  than 
grading  as  last  aforesaid  shall  be  completed  under  authority  of 
section  5661  the  city  engineer  shall  compute  the  cost  thereof  and 
apportion  the  same  among  the  several  lots  or  parcels  of  land  to 
be  charged  therewith,  and  charge  each  lot  or  parcel  of  property 
with  its  proper  share  of  such  cost,  according  to  the  frontage  of 
the  property.  The  city  engineer  shall,  after  so  apportioning  and 
charging  the  cost  of  any  work,  make  out  and  specify  special  tax 
bills  according  to  such  apportionment,  and  charge  the  same  in 
favor  of  the  contractor,  to  be  paid  against  the  several  lots  or  par- 
cels of  land  charged,  and  register  the  same  in  full  in  his  office, 

(b)  A  strict  performance  of  all  conditions  is  necessary  to  fasten  a  lien 
on  the  property  of  the  citizen:  Guinotte  v.  Egelhoff,  64  App.  356; 
V/est  V.  Porter,  89  App.  150. 

Where  tax  bills  are  issued  for  street  improvements,  but  cannot  be  col- 
lected, the  city  is  not  required  to  collect  the  tax  and  pay  it  over  to  the 
contractor:     Thornton  v.  City  of  Clinton,  148  Mo.  648. 

The  charter  of  a  city  and  its  ordinances  constitute  a  part  of  any  contract 
into  which  the  city  enters  for  the  doing  of  public  work,  whether  they 
are  made  a  part  of  it  or  not:     Pryor  v.  Kansas  City,  153  Mo.  135. 

Contract  must  substantially  follow  the  ordinance  as  to  the  materials  to 
be  used  in  public  work:     Dunn  v.  McNeely,  75  App.  217. 


134  CHARTER. 

and  deliver  such  bills  to  the  party  in  whose  favor  issued  for  col- 
lection, and  take  his  receipt  therefor,  at  the  foot  of  the  register 
thereof,  in  full  of  all  claims  against  the  city  on  account  of  said 
work.  Each  tax  bill  shall  contain  a  description  of  the  lot  or  par- 
eels  of  land  against  which  it  is  issued,  full  and  correct  enough  to 
identify  the  same.     [R.  S.  1899,  Sec.  5663]. 

Sec.  4.  Tax  bill  to  be  lien  on  property. — Every  such  tax  bill 
shall  be  a  lien  on  the  property  therein  described,  against  wiiich 
the  same  may  be  issued  on  the  date  of  the  receipt  to  the  city  engi- 
neer therefor,  and  such  lien  shall  continue  for  two  years  after  ma- 
turity' thereof,  but  no  longer,  unless  suit  be  brought  to  collect  the 
same  within  two  years,  in  which  ease  the  lien  shall  continue  until 
the  determination  of  the  legal  proceedings  to  collect  the  same, 
including  any  sale  of  the  property  charged,  and  each  tax  bill 
shall  bear  interest  from  its  issue,  at  the  rate  of  ten  per  cent  per 
annum,  if  not  paid  in  thirty  days  after  the  issue  thereof.  Every 
tax  bill,  and  the  lien  thereof,  shall  be  assignable,  and  any  such  tax 
bill,  with  interest  as  aforesaid,  may  be  collected  by  suit  by  the 
contractor  to  whom  issued,  in  his  own  name,  or  by  an  assignee 
thereof  in  his  name,  in  any  court  of  competent  jurisdiction.  No 
such  tax  bill  need  give  the  name  of  any  party  owning  or  inter- 
ested in  the  land  charged  and  bound  by  him,  and  before  the  suit 
the  owner  of  any  part  or  severalty  or  undivided  interest  in  any 
land  charged  by  any  tax  bill  may  pay  his  share  separately,  in 
which  ease  his  interest  shall  not  be  further  liable  in  case  of  suit; 
all  such,  or  any  of  the  owners  of  the  land  charged,  or  of  any  in- 
terest or  estate  therein,  may  be  made  defendants,  but  only  the 
right,  title,  interest  and  estate  of  the  parties  made  defendants  in 
any  suit  shall  be  affected  or  bound  thereby  or  by  the  proceedings 
therein.  In  case  any  owner  of  the  ground  or  of  any  interest 
therein  is  unknown,  or  a  non-resident  of  the  state,  suit  may  be 
brought  against  such  owner  separately,  or  together  with  others, 
and  such  non-resident  or  unknown  owner  shall  be  brought  in  by 
an  order  or  notice  against  such  owner,  published  as  in  ordinary 
suit  to  enforce  a  lien  against  land.  It  shall  be  sufficient  for  the 
plaintiff  to  plead  the  making  and  issue  of  the  tax  bill  sued  on, 
giving  date  and  contents  thereof,  and  assignment  thereof,  in  case 
of  assignment,  filing  tlie  same,  and  allege  that  the  party  or  parties 
made  defendants,  own  or  claim  to  own  the  land  charged,  or  some 
estate  or  interest  therein,  as  the  case  may  be.     Such  certified  bill 


ART.  XIII.  GRADING  AND  PAVING  STREETS.  135 

shall,  in  any  action  thereon,  be  prima  facie  evidence  of  the  valid- 
ity of  the  bill,  of  the  doing  of  the  work,  and  of  the  furnishing  of 
the  materials  charged  for,  and  of  the  liability  of  the  property  to 
the  charge  stated  in  the  bill :  Provided,  that  nothing  in  this  sec- 
tion shall  be  so  construed  as  to  prevent  any  defendant  from 
pleading  in  reduction  of  the  bill,  any  mistake  or  error  in  the 
amount  thereof,  or  that  the  work  therein  mentioned  is  not  done  in 
a  good  and  workmanlike  manner:  And  provided  further,  that  if 
any  party  shall  set  up  by  way  of  defense  that  the  work  was  not 
done  in  a  workmanlike  manner,  according  to  the  class  of  work 
mentioned  in  the  contract,  and  that  such  party,  before  the  com- 
mencement-of  the  suit  tendered  to  the  contractor  or  other  holder 
of  the  bill,  the  full  value  of  the  work  done,  and  shall  establish 
the  same  on  the  trial,  the  recovery  shall  only  be  for  the  amount 
so  tendered,  and  judgment  for  cost  shall  be  rendered  against  the 
plaintiff;  but  no  suit  on  any  bill  shall  be  defeated  or  affected  by 
any  irregularity  affecting  only  other  bills,  or  matter  rendering 
any  other  bill  invalid  in  whole  or  in  part.  In  a  suit  on  any  tax 
bill  the  judgment  shall  be  special  and  that  the  plaintiff  recover 
the  amount  found  due,  including  interest,  to  be  levied  on  the  land 
described  in  the  bill,  and  a  special  execution  shall  issue  to  sell  the 
land  to  pay  such  judgment,  interest  and  costs,  and  the  judgment 
shall  bear  interest  at  the  same  rate  as  the  tax  bill.  When  the 
amount  due  on  any  tax  bill  does  not  exceed  three  hundred  dol- 
lars suit  may  be  brought  thereon  before  any  justice  of  the  peace 
in  said  city,  as  in  other  civil  cases,  and  such  justice  of  the  peace 
may  render  a  special  judgment  as  aforesaid,  but  to  enforce  the 
same  a  transcript  of  such  judgment  shall  be  filed  in  the  office  of 
the  clerk  of  the  circuit  court  of  such  county  where  such  city  is 
located,  and  be  recorded,  docketed  and  indexed  as  a  judgment  of 
that  court,  whereupon  an  execution  may  be  issued  out  of  that 
court  the  same  as  if  the  judgment  had  been  rendered  in  that 
court.  Proceedings  on  special  executions  or  judgments  on  such 
tax  bills  shall,  including  making  of  deeds  to  purchasers,  conform 
as  far  as  practicable  to  the  proceedings  on  other  special  execu- 
tions from  the  circuit  court.  Any  such  special  judgment  shall 
bind  all  the  right,  title,  interest  and  estate  in  the  land  that  de- 
fendants, and  each  of  them,  owned  at  the  time  the  lien  of  the  tax 
bill  commenced,  or  acquired  afterward,  and  a  sale  on  execution 
thereon  shall  vest  all  of  such  right,  title,  interest  and  estate  in  the 
purchaser,  and  discharge  the  lands  from    any    liens    or    ineum- 


136  CHARTER. 

brances  thereon ;  but  parties  interested  in  the  land,  not  made  de- 
fendants, shall  not  be  affected  thereby,  and  if  they  claim  through 
or  under  any  parties  defendant,  prior  to  suit  brought,  may  redeem 
from  the  purchaser,  or  otherwise  assert  their  rights,  according  to 
equity  and  good  conscience.  On  the  presentation  to  the  city  engi- 
.neer  of  any  special  tax  bill,  receipted  or  paid,  he  shall  note  the 
fact  on  the  registry  thereof,  and  such  entry  shall  be  evidence  of 
payment  as  stated.  In  case  the  owner  of  any  undivided  interest 
or  particular  estate  in  any  land  charged  be  compelled  by  suit  to 
pay,  on  account  of  any  such  tax  bill,  more  than  he  ought  equitably 
pay,  as  between  him  and  others  interested  in  the  property,  such 
owner  shall  be  subrogated  to  the  lien  of  such  tax  bill,  and  may, 
by  proper  proceedings  in  any  court  of  competent  jurisdiction, 
enforce  such  lien,  and  have  the  equities  between  such  owner  so 
paying  and  such  other  owners  or  parties  interested  in  the  land 
adjusted,  though  such  other  owners  or  parties  interested  were  not 
parties  defendant  to  the  original  suit  on  the  bill,  and  though  such 
subsequent  proceedings  be  commenced  after  the  expiration  of 
two  years  from  the  issue  of  the  bill,  or  the  party  so  paying  shall 
be  entitled  to  contribution  or  repayment  from  others,  according 
to  equity,  without  enforcing  the  lien.      [R.  S.  1899,  Sec.  5664]. 

Sec.  5.  Tax  bill  against  railroad  right  of  way. — Whenever 
any  city  of  the  second  class  shall,  by  ordinance,  duly  and  legally 
enacted,  order  any  street,  sidewalk,  alley  or  public  highway,  or 
parts  thereof,  graded,  constructed,  reconstructed,  paved  or  other- 
wise improved,  where  the  right-of-way  of  any  such  railroad  ad- 
joins any  street,  sidewalk,  alley  or  public  highway,  or  parts 
thereof,  then  that  part  of  said  right-of-way  so  adjoining  shall  be 
treated  and  considered  the  same  as  any  other  piece  of  land  ad- 
joining said  street  or  highway,  and  shall  be  subject  to  the  same 
damages  and  benefits  of  street  improvements  as  are  all  other 
lands  adjoining  same ;  and  a  special  tax  bill  shall  issue  in  favor 
of  the  contractor  against  such  railroad  for  its  proportional  part 
of  the  costs  of  such  improvements  and  constitute  a  lien  upon  the 
roadbed,  station  houses,  depots,  bridges,  rolling  stock  and  real 
estate  belonging  to  such  railroad  situate  in  this  state.  [Laws  of 
1903,  page  67]. 

Sec.  6.  Lien  of  contractor;  how  enforced. — The  lien  in  fa- 
vor of  the  contractor,  mentioned  in  this  act,  must  be  enforced  by 


ART.  XIII.  GRADING  AND  PAVING  STREETS.  137 

suit  on  a  special  tax  bill,  as  provided  by  section  5664  of  chapter 
91,  article  3,  of  Revised  Statutes  of  Missouri,  1899,  in  the  cir- 
cuit court  of  the  county  wherein  the  improvements  were  made, 
within  two  years  after  the  date  of  the  issuance  of  the  tax  bills. 
[Laws  of  1903,  page  68]. 

Sec.  7.     Judgment  a  lien  on  property  of  railroad  company. — 

The  judgment  to  be  rendered  on  such  tax  bills  shall  be  a  special 
lieu  on  the  roadbed,  station  houses,  depots,  bridges,  rolling  stock 
and  real  estate  of  such  railroad  company,  situate  in  this  state ; 
and  a  special  fieri  facias  shall  issue  upon  said  judgment,  as  is 
now  provided  by  law,  commanding  the  sheriff  of  the  county 
where  judgment  is  rendered  to  sell  all  of  the  above  mentioned 
property,  according  to  law,  to  satisfy  said  judgment  and  costs  of 
suit.     [Laws  of  1903,  page  68] . 

Sec.  8.  Sidewalks. — Owniers  or  occupants  of  real  property 
may  be  required  to  make,  according  to  rules  and  regulations  pre- 
scribed by  ordinance,  repairs  of  sidewalks,  curbing  and  guttering, 
or  either,  in  front  of  their  property  and  on  the  adjoining  side  of 
the  street  or  avenue.  In  such  repairs  may  be  included  the  keep- 
ing in  good  order  and  proper  place  any  of  the  improvements, 
and  also  cleaning  or  removing  therefrom  ice,  snow,  earth  or  other 
substances.  Such  rules  and  regulations  shall  be  deemed  police 
regulations,  and  violations  thereof  may  be  punished  accordingly 
by  fine  or  imprisonment.      [R.  S.  1899,  Sec.  5525]. 

Sec.  9.  What  costs  paid  out  of  revenue. — -The  cost  of  repair- 
ing and  keeping  in  repair  the  paving  and  macadamizing  of  all 
streets  and  avenues  shall  be  paid  out  of  the  general  revenue  of 
the  city.  The  cost  of  repairing  the  pavement  or  planking  of  any 
sidewalk,  or  any  curbing  and  guttering  alongside,  shall,  when 
done  by  the  city,  be  charged  to  the  particular  lot  or  lots  or  parcel 
of  land  fronting  on  'the  spot  where  such  may  be  made,  and  ad- 
joining that  side  of  the  street  or  avenue  where  such  spot  may  be. 
The  common  council  may,  in  its  own  discretion,  by  ordinance, 
provide  for  giving  owners  of  property  liable  to  be  charged  with 
the  cost  of  paving  and  planking  sidewalks,  and  curbing  and  gut- 
tering alongside  and  repairing  the  same  reasonable  time  and  op- 
portunity to  do  or  cause  to  be  done  the  work  necessary,  or  of  any 
such  work,  under  such  regulations  as  may  be  prescribed  therefor, 


138  CHARTER. 

at  their  own  expense.  The  costs  of  repairing  the  pavement  or 
planking  any  sidewalks  or  curbing  or  guttering  shall,  when  not 
done  by  the  owner  of  the  property  liable  therefor  in  the  tirst  in- 
stance, be  paid  out  of  the  general  revenue  of  the  city :  but  the 
city  engineer  shall  compute,  apportion  and  charge  on  the  prop- 
erty liable  the  cost  of  such  repairing  done  at  each  spot,  and  make 
out  in  favor  of  the  city  a  special  tax  bill  against  each  lot  or  parcel 
of  land  liable  for  the  cost,  which  bill  shall  be  registered  and  col- 
lected, as  provided  in  section  5664,  b}^  and  in  the  name  of  the  city, 
and  be  subject  to  the  defenses  in  that  section  provided ;  and  when 
collected  the  money  shall  be  paid  into  the  city  treg,sury  to  the 
credit  of  the  general  revenue.  The  common  council  may,  by  gen- 
eral ordinance,  empower  the  city  engineer  to  require  in  his  dis- 
cretion, the  repairs  last  mentioned  to  be  made,  and  to  make  or 
cause  the  same  to  be  made  for  or  on  account  of  the  city,  as  he  may 
deem  best ;  or  it  may  direct  by  general  contract  or  special  con- 
tract for  each  job  of  repairing  entered  into,  without  letting  the 
same  to  the  lowest  and  best  bidder,  as  in  case  of  other  work,  or 
otherwise.     [R.  S.  1899,  Sec.  5681]. 

Sec.  10.  Council  to  prescribe  width  of  sidewalks,  etc. — The 
common  council  shall,  before  any  street  or  avenue,  or  part  thereof, 
be  improved,  determine  the  width  of  sidewalks  thereon,  and  may, 
in  its  discretion,  provide  for  grading  the  whole  width  of  the 
street  or  avenue,  including  sidewalks,  under  the  same  contract ; 
but  in  such  case  the  cost  of  work  on  sidewalks  shall  be  computed 
separately ;  and  all  work  under  the  contract  shall  be  apportioned, 
charged  and  paid  for  as  provided  in  this  article  for  each  kind  of 
work.  The  work  done  in  constructing,  partially  or  wholly,  any 
street  or  avenue,  may  be  protected  from  surface  water  by  tem- 
porary drains  or  culverts  put  in  under  the  direction  of  the  city 
engineer,  or  other  officer  in  charge  of  or  superintending  the  work, 
or  otherwise,  as  provided  by  ordinance:  and  llie  same  may  be 
closed,  removed  or  altered  at  will,  and  the  city  shall  not  be  liable 
for  damage  resulting  to  private  property  from  insufficienej'  or 
want  of  repair  of  such  drains  or  culverts,  or  in  respect  thereof  in 
any  way.  "When  the  city  owns  in  fee  simple  absolute  any  lot  or 
parcel  of  land  liable  to  be  charged  for  work  by  special  tax  bill, 
and  in  any  case  of  improvement  alongside  of  a  public  square,  or 
other  place  held  for  public  use  other  than  a  street,  avenue,  alley 
or  highway,  the  city  shall,  out  of  the  general  revenue  of  the  city. 


ART.  XIII.  GRADING  AND  PAVING  STREETS.  139 

pay  its  proper  apportiocate  share  of  the  cost  of  the  work  men- 
tioned in  section  5661,  a  tax  bill  against  the  city  to  be  issued,  in 
which  the  city  may  be  sued  in  default  of  payment ;  but  no  prop- 
erty held  for  public  use  shall  be  sold,  and  the  judgment  shall  be 
the  same  as  ordinary  judgments  for  the  recovery  of  money  on  con- 
tract.     [R.  S.  1899,  Sec.  5682]. 

Sec.  11.  Proceeding's  on  petition  for  improvements. — When 
it  is  proposed  to  grade,  construct,  reconstruct,  pave  are  otherwise 
improve  or  repair  any  street,  sidewalk,  alley,  avenue  or  public 
highway,  or  any  part  thereof,  and  pay  therefor  in  special  tax 
bills  and  under  existing  laws  a  petition  therefor  is  required,  a  peti- 
tion shall  be  sufficient,  if  signed  by  property  holders  owning  a 
majority  of  the  front  feet  of  property  owned  by  residents  of  the 
city,  and  fronting  on  the  street,  sidewalk,  alley  or  avenue  or  pub- 
lic highway,  or  part  thereof,  proposed  to  be  improved.  When  a 
petition  has  been  signed  the  same  may  be  published  for  five  days 
in  some  newspaper  printed  in  the  city,  and  thereafter  the  com- 
mon council  shall  hear  and  decide  on  all  objections  thereto,  if 
any.  If  the  common  council  shall,  in  the  ordinance,  cause  to  be 
done  the  work  petitioned  for  find  and  declare  that  the  work  has 
been  petitioned  for,  and  the  petition  published  according  to  law, 
such  finding  and  declaration  shall  be  conclusive  for  all  purposes ; 
and  no  special  tax  bills  shall  be  invalid  or  be  affected  by  any  de- 
fect in  or  objection  to  the  petition.  Special  tax  bills  against  dif- 
ferent lots  or  parcels  of  land  owned  by  the  same  person  or  per- 
sons may  be  joined  in  one  suit,  a  separate  judgment  to  be  entered 
on  each  bill,  and  execution  accordingly  to  be  issued.  In  making 
out  special  tax  bills  against  corner  lots,  for  work  on  sidewalks, 
and  curbing  and  guttering,  they  shall  be  charged  for  work  on 
both  fronts  and  outside  corners.      [R.  S.  1899,  See.  5683]. 

Sec.  12.  Contractors  to  give  bond. — Contracts  for  making 
city  improvements  on  streets,  avenues  or  alleys,  or  constructing 
sewers,  let  to  the  lowest  responsible  bidder,  shall  contain  a  cove- 
nant on  the  part  of  the  contractor  or  contractors  with  the  city  to 
pay  all  laborers  employed  on  the  job,  and  performance  of  such 
covenant  shall  be  guaranteed  by  two  or  more  sureties  signing  the 
contract,  whose  sufficiency  shall  be  approved  as  provided  by  or- 
dinance, but  who  shall  not  be  liable  beyond  the  estimated  cost  of 
the  labor  on  the  job,  to  be  stated  in  the  contract:     Provided, 


140  CHARTER. 

that  the  city  shall  not  be  liable  for  the  sufficiency  of  the  contract- 
ors or  sureties,  nor  for  any  failure  to  comply  with  or  irregularity 
in  complying  with  this  provision.  Laborers  who  may  do  work 
stipulated  for  by  any  such  contract  may  recover  in  an  action  in 
the  name  of  the  city  for  their  use,  in  which  no  costs  shall  be  ad- 
judged against  the  city,  and  all  costs  not  adjudged  against  the  de- 
fendants shall  be  adjudged  according  to  equity  against  persons 
for  whose  use  the  suit  may  be  prosecuted,  all  due  them  for  labor 
not  exceeding  the  estimated  costs  of  the  labor  as  stated  in  the  con- 
tract ;  such  recovery  may  be  had  against  the  contractor  and  sure- 
ties, or  either,  as  in  chancery ;  but  it  shall  not  be  necessary  to  file 
with  the  petition  the  original  contract.  The  suit  shall  be  brought 
for  the  benefit  of  all  laborers  on  the  job,  and  the  amount  due 
them  be  ascertained  by  the  court  or  a  referee,  unless  the  court 
direct  an  issue  as  to  the  amount  due  one  or  more  laborers,  to  be 
tried  by  a  jury;  ])ending  the  suit  laborers  not  mentioned  in  the 
petition,  whether  they  have  done  work  before  or  after  the  com- 
mencement of  the  suit,  may  become  parties  to  the  proceeding  by 
appearing  and  filing  in  the  action  a  written  statement  of  then' 
demand,  such  notice  thereof  as  the  court  may  direct  to  be  given 
the  defendants,  and  reasonable  opportunity  to  defend  to  be  given. 
The  proceedings  shall,  as  far  as  practicable,  be  governed  by  the 
rules  and  principles  of  courts  of  chancery,  so  as  to  aiford  speedy 
and  adequate  relief,  according  to  the  letter  and  spirit  of  this  sec- 
tion. Judgment  shall  be  rendered  for  the  estimated  cost  of  la- 
bor, as  stated  in  the  contract,  and  execution  be  awarded  and  is- 
sued for  the  aggregate  amount  found  due  laborers,  not  exceeding 
the  estimated  cost  in  the  contract,  which  shall  be  collected  with 
costs.  Money  made  shall,  after  paying  costs,  be  divided  and  paid 
pro  rata  among  laborers  for  whose  use  the  judgment  may  be  ren- 
dered, the  court  to  decide  questions  as  to  distribution  summarily 
by  motion.  No  action  shall  be  brought  or  be  prosecuted  for  the 
benefit  of  laborers  on  the  contract,  unless  the  suit  be  commenced 
within  one  year  after  the  completion  of  the  work  to  be  done  under 
the  contract  and  acceptance  thereof  by  the  city,  nor  shall  such  ac- 
tion be  brought  before  such  completion  and  acceptance,  unless 
the  court  find  good  cause  therefor,  according  to  averments  in  the 
petition.  Such  suit  shall  be  brought  in  some  court  of  competent 
jurisdiction  in  the  county  in  which  such  city  is  located,  if  jurisdic- 
tion of  the  proper  parties  can  be  obtained  in  that  county.  [R.  S. 
1899,  Sec.  5684]. 


ART.  XIV.  BOULEVARDS.  141 


ARTICLE    XIV. 

BOULEVARDS— SPECIAL    TAX     BILLS— SPRINKLING    AND    CLEAN- 
ING   STREETS. 

Section  ,  bECTiON 

1.  Act   shall   apply    to   what    cities.  4.     Sprinkling      of      streets,      alleys, 

2.  Authoiizing        construction        of  avenues  and  highways. 

boulevards.  5.     Manner  of  issuing  tax  bills. 

'3.     Special   tax  bills   may  be   issued     I 
for  grading,   paving,   etc.  j 

Section  1.  Act  shall  apply  to  what  cities. — Any  city  now 
containing  or  which  hereafter  may  contain  more  than  fifty  thou- 
sand and  less  than  tw^o  hundred  and  fifty  thousand  inhabitants 
shall  have  the  powers  hereinafter  set  forth.  [R.  S.  1899,  Sec. 
6355] . 

Sec.  2.  Authorizing  construction  of  boulevards. — Whenever 
a  majority  of  the  resident  property  owners  on  any  stix3et,  avenue 
or  boulevard,  for  a  distance  of  not  less  than  four  blocks,  shall  pe- 
tition the  common  council  of  the  city  for  the  complete  construc- 
tion and  maintenance  for  a  period  of  five  years  of  said  street  as  a 
boulevard,  then  said  common  council  may,  according  to  the  terms 
of  said  petition  and  in  accordance  with  specifications  proposed 
by  the  city  engineer,  cause  the  said  street,  avenue  or  boulevard  to 
be  graded,  regradecl,  provision  made  for  surface  drainage,  curbed, 
guttered,  paved,  repaved,  plant  trees  thereon,  construct  sidewalks, 
lay  sod,  or  otherwise  improve  and  maintain  the  same  in  perfect 
order  for  a  period  of  five  years :  Provided,  that  only  such  work 
is  done  as  is  specified  in  said  petition,  which  may  be  for  all  or  such 
part  of  the  above  described  work  as  is  therein  set  forth.  [R.  S. 
1899,  Sec.  6355]. 

Sec.  3.  Special  tax  bills  may  be  issued  for  grading,  paving, 
etc. — The  common  council  of  such  city  may,  by  ordinance,  provide 
that  special  tax  bills,  issued  for  any  work  of  grading,  paving,  re- 
paving,  or  the  construction  of  district  sewers  and  sidewalks,  shall 
be  made  payable  in  five  equal  installments— the  first  installment 
to  become  due  on  the  first  day  of  January  or  the  first  day  of  July 
following  the  issue  of  said  bills,  whichever  date  is  nearest  to  a 
period  of  one  year  from  date  of  issue;    the  second  installment 


142  CHARTER. 

shall  become  due  in  one  year,  the  third  installment  in  two  years, 
the  fourth  installment  in  three  years  and  the  fifth  installment  in 
four  years  after  the  first  installment  is  due  as  above  mentioned. 
Such  tax  bills  shall  bear  interest  at  the  rate  of  seven  per  cent  per 
annum.  The  interest  on  the  whole  amount  of  the  tax  bills  shall 
become  due  first  on  the  date  when  the  first  installment  becomes 
due,  with  interest  to  that  date ;  thereafter  they  shall  be  payable 
at  any  time,  with  interest  up  to  the  following  first  day  of  January, 
when  the  first  installment  shall  have  been  due  in  January  or  on 
the  following  first  day  of  July  when  the  first  installment  shall 
have  been  due  in  July.  If  any  installment  of  any  such  tax 
bill  or  any  interest  thereon  be  not  paid  when  due,  then  all 
the  remaining  installments  shall  immediately  become  due 
and  collectable,  together  with  interest  at  the  rate  of  eight 
per  cent  per  annum  from  the  date  of  issue  of  said  tax  bills, 
less  the  sum  of  any  interest  that  may  have  already  been  paid  on 
said  installments.  Suits  may  be  brought  to  enforce  the  pajmient 
of  such  tax  bills,  or  any  installment  or  installments  thereof,  in 
the  manner  provided  by  the  charter  of  such  city  for  the  bringing 
of  suits  on  other  tax  bills :  Provided,  however,  that  the  owner  or 
owners  of  any  tract  or  parcel  of  real  estate  charged  with  the  pay- 
ment of  such  tax  bill,  or  the  owner  or  owners  of  any  interest  in 
such  tract  or  parcel  of  real  estate  shall,  within  sixty  days  from 
date  of  issue,  file  with  the  common  council  a  written  statement  of 
each  and  all  objections  which  he  or  they  may  have  to  the  validity 
of  such  tax  bill,  the  doing  of  the  work,  the  furnishing  of  the  mate- 
rials charged  for,  the  sufficiency  of  the  work  or  materials  therein 
used,  and  to  any  mistake  or  error  in  the  amount  thereof;  and  in 
any  suit  on  any  tax  bill  issued  pursuant  to  this  section  no  objec- 
tion or  objections  to  it  shall  be  pleaded  or  proved  other  than  those 
■which  have  been  filed  with  the  common  council  within  the  period 
aforesaid.  The  ordinance  authoi'izing  and  ordering  any  work  to 
be  done  according  to  the  provisions  of  this  section,  and  every 
amendment  thereto,  shall  not  be  finally  voted  upon  and  passed 
by  the  common  council  until  such  ordinance,  and  the  petition  in 
case  of  paving,  shall  have  been  first  published  at  least  five  days 
in  the  newspaper  at  the  time  doing  the  city  printing,  and  before 
the  passage  of  such  ordinance  the  common  council  shall  hear  and 
determine  all  objections,  if  any  there  be,  to  such  ordinance  or  pe- 
tition. If  the  common  council  shall  find  and  declare  by  ordinance 
that  the  ordinance  or  petition  authorizing  such  work  to  be  done 


ART.  XIV.  BOULEVARDS  143 

have  been  published  for  the  time  and  in  the  manner  herein  re- 
quired, such  finding  and  recitations  shall  be  conclusive  upon  all 
parties  concerned,  and  no  tax  bill  shall  be  held  invalid  on  account 
of  the  insufficiency  of  such  petition  and  notice.  The  lien  of  all 
tax  bills  issued  under  this  section  shall  continue  for  a  period  ot* 
one  year  after  the  last  installment  specified  therein  shall  have 
become  due  and  payable,  and  no  longer,  unless  within  such  year 
suit  shall  have  been  instituted  to  collect  such  tax  bill,  in  which 
ease  the  lien  of  such  tax  bill  shall  continue  until  sale  of  the  prop- 
erty under  execution  on  the  judgment  rendered  establishing  the 
same,  and  no  default  in  the  payment  of  any  previous  installment 
shall  operate  to  diminish  the  period  during  which  such  lien  shall 
continue.  Such  tax  bills  and  liens  thereof  shall  be  assignable, 
and  suits  may  be  brought  thereon  in  the  same  manner  as  on  other 
tax  bills  issued  by  such  city.     [R.  S.  1899,  Sec.  6356]. 

Sec.  4.     Sprinkling  of  streets,  alleys,  avenues  and  highways. 

— The  common  council  of  such  city  may,  by  ordinance,  cause  any 
street,  alley,  avenue  or  public  highway  or  any  part  thereof  to  be 
cleaned  or  sprinkled,  or  both  cleaned  and  sprinkled,  and  three- 
fourths  of  the  cost  thereof  paid  out  of  the  money  collected  on 
special  taxes  or  assessments  against  the  land  fronting  on  such 
street,  alley,  avenue  or  public  highway,  or  the  part  thereof  on 
which  such  work  may  be  done,  according  to  the  frontage  of  such 
land  on  the  street,  avenue,  alley  or  public  highway,  and  the  re- 
maining one-fourth  or  balance  of  the  cost  thereof  to  be  paid  out 
of  the  city  treasury.  The  board  of  public  works  shall  prepare 
each  year,  and  present  the  same  to  the  mayor  and  common  coun- 
cil, an  estimate  of  the  streets,  alleys,  avenues  or  public  highways 
to  be  cleaned  or  sprinkled  during  the  coming  fiscal  year,  showing 
the  amount  of  work  to  be  done  and  the  estimated  cost  thereof. 
The  common  council  may,  by  ordinance,  provide  that  the  work  or 
any  part  thereof  shall  be  done  and  three-fourths  of  the  cost  be 
paid  for  in  special  assessment.      [R.  S.  1899,  Sec.  6357]. 

Sec.  5.  Manner  of  issuing  tax  bills. — All  tax  bills  issued 
under  the  authority  of  this  act  shall  be  issued  in  the  same  manner 
and  under  the  same  regulations  for  ascertaining  the  amount 
which  shall  be  assessed  against  each  lot  or  parcel  of  real  estate 
to  be  assessed  as  may  be  provided  in  the  charter  of  any  such  city 
for  issuing  tax  bills  for  work  of  the  same  character  as  those 
specified  in  this  act.      [R.  S.  1899,  Sec.  6358]. 


144 


CHARTER. 


ARTICLE    XV. 


PLAN   OF   STREETS— ADDITIONS   AND   PLATS. 


Section 

1.  Power    of    council     to    establish 

plan   for  grading. 

2.  Plats  to  be  submitted  to  council. 

3.  Streets   in  additions,   plan  of. 

4.  Plat    to    be    approved,    acknowl- 

edged and  recorded. 


Section 

5.     Duty    of    recorder,    copies    to   be 

evidence, 
fi.     Penalty     for     selling     lots,      fee 

vested  in  city,   when. 
7.     Penalty   for  recording   imperfect 

plat. 


Section  1.    Power  of  council  to  establish  plan  for  grading. — 

The  common  council  of  such  city  shall  have  power  to  establish  a 
general  plan  for  the  location  and  grading  of  streets,  alleys  and 
public  highways  within  the  city ;  and  in  all  subdivisions  of  the 
property  hereafter  to  be  made  by  the  respective  owners,  they 
shall  be  required  to  conform  their  streets,  alleys  and  public  high- 
ways to  said  general  plan ;  and  it  shall  be  the  express  duty  of  the 
mayor  to  see  that  all  ordinances  to  enforce  his  power  are  strictly 
executed.     [R.  S.  1899,  Sec.  5660]. 

Sec.  2.  Plats  to  be  submitted  to  council. — It  shall  not  be 
lawful  for  any  person  or  persons  to  make  or  file  any  plat  of  land 
as  an  addition  to  such  city,  or  to  subdivide  or  alter  any  blocks, 
lots  or  other  subdivisions  of  land  of  which  plats  have  never  been 
filed,  or  to  sell  any  lots,  blocks  or  other  subdivisions  of  land  ac- 
cording to  such  plat,  unless  such  plat  shall  have  been  submitted 
to  the  common  council  for  their  approval,  and  a  certificate  of 
such  approval  has  been  indorsed  thereon  by  the  city  clerk,  by 
order  of  the  common  council,  to  be  recorded  therewith.  Any  per- 
son or  i)ersons  who  shall  file,  or  cause  to  be  filed  or  recorded  any 
such  [)lat,  or  shall  sell  or  offer  for  sale  any  lots  or  other  subdivis- 
ions of  land  hereafter  made  before  such  plat  shall  have  been  so 
approved  and  the  certificate  thereof  recorded,  shall  be  liable  to 
the  penalties  prescribed  in  the  chapter  relating  to  plats :  Pro- 
vided, that  the  common  council  shall  have  no  power  to  approve 
any  plat,  nor  shall  any  such  plat  be  filed  until  the  grades  of  all 
streets  and  alleys  shall  have  been  fixed  by  ordinance  and  such 
streets  and  alleys  reduced  to  such  established  grades  by  and  at 
the  expense  of  the  proprietors  thereof.      [Laws  of  1905,  page  73]. 


ART.  XV.  PLAN  OF  STREETS.  145 

Sec.  3.  Plats  of  cities,  etc.,  to  be  made  out,  when — shall  show 
what. — Whenever  any  city,  town  or  village,  or  any  addition  to 
any  city,  town  or  village  shall  be  laid  out  the  proprietor  of  such 
city,  town  or  village,  or  addition  shall  cause  to  be  made  out  an 
accurate  map  or  plat  thereof,  particularly  setting  forth  and  de- 
scribing: First,  all  parcels  of  ground  within  such  town,  village 
or  addition  reserved  for  public  purposes  by  their  boundaries, 
course  and  extent,  whether  they  be  intended  for  avenues,  streets, 
lanes,  alleys,  commons  or  other  public  uses;  and,  second,  all  lots 
for  sale,  by  numbers,  and  their  precise  length  and  width.  And 
the  streets  of  all  such  additions  to  cities,  towns  or  villages,  or  of 
plats  of  ground,  except  plats  for  cemetery  purposes,  shall  conform 
to  the  streets  of  such  city,  town  or  village,  so  that  the  streets  and 
avenues  of  such  additions  or  plats  shall,  as  near  as  may  be,  run 
parallel  with  or  be  continuations  on  a  straight  line  of  the  streets 
of  said  city,  town  or  village,  and  all  taxes  against  the  property 
proposed  to  be  platted  shall  be  paid.     [R.  S.  1899,  Sec.  8955].   (a) 

Sec.  4.     Plat  to  be  acknowledged  and  recorded.— Such  map 

or  plat  shall  be  acknowledged  by  the  proprietor  before  some  coiu't 
or  officer  authorized  by  law  to  take  the  acknowledgment  of  con- 
veyances of  real  estate,  and  recorded  in  the  office. of  the  recorder 
of  deeds  of  the  county  in  which  the  land  platted  is  situated :  Pro- 
vided, however,  that  no  such  plat  of  an  addition  to  a  city,  town 
or  village,  or  plat  of  ground,  shall  be  so  recorded  until  the  same 
has  been  submitted  to  and  approved  by  the  common  council  of 
such  city,  town  or  village,  by  ordinance  duly  passed  and  approved 
by  the  mayor,  and  such  approval  thereof  indorsed  upon  said  plat, 
under  the  hand  of  the  clerk  and  seal  of  said  city,  town  or  village, 
nor  until  all  taxes  against  the  same  have  been  paid.  [R.  S.  1899, 
Sec.  8956].     (b) 

(a)  Actual  possession  by  the  city  and  user  by  the  public  are  sufficient  to 
show  that  the  place  is  a  street,  without  proof  of  formal  dedication: 
Maus  V.  City  of  Springfield,  101  Mo.  613;  Downend  v.  Kansas  City,  156 
Mo.  73;    Boyd  v.  City  of  Springfield,  62  App.  456. 

The  platting  of  a  street,  as  such,  on  the  plat  of  a  city,  and  its  use  by  the 

public,  are  sufficient  to  show  that  it  is  a  public  street  of  the  city: 

Pierson  v.  City  of  Lebanon,  69  App.  321. 
The  mere  acceptance  of  ground  dedicated  for  a  street  does  not  impose 

upon  the  city  the  obligation  to  open  it  for  use,  though  it  has  the  power 

to  do  so:      Downend  v.  Kansas  City,  71  App.  529. 

(b)  Where  the  platter  has  done  all  the  law  demands,  the  approval  of  the 
plat  by  the  council  is  merely  a  ministerial  duty,  the  performance  of 
which  may  be  compelled  by  mandamus:  State  ex  rel.  Strother  v. 
Chase,  42  App.  343. 

lO 


146  CHARTER. 

Sec.  5.  Duty  of  recorder  when  plat  delivered,  certified 
copies  to  be  evidence. — It  shall  also  be  the  duty  of  the  recorder 
to  record  all  plats  delivered  to  him  for  record  in  a  book  to  be 
called  a  plat  book,  and,  when  necessary  to  preserve  uniformity, 
he  shall  reduce  the  scale  of  the  original  plat,  and  on  each  copy  so 
made  he  shall  indorse  the  following  certificate  under  his  hand: 

"This  plat  is  truly  copied  from  the  original.     (Signed)  , 

recorder.''  Copies  of  the  record  of  plats  from  said  plat  book, 
properly  certified  under  the  hand  and  official  seal  of  the  recorder, 
shall  be  evidence  in  all  courts  of  justice.      [R.  S.  1899,  Sec.  8957]. 

Sec.  6.  Penalty  for  selling  lots — fee  vested  in  city,  when. — If 
any  person  shall  sell  or  offer  for  sale  any  lot  within  any  city,  town 
or  village,  or  any  addition  thereto,  before  the  plat  thereof  be  made 
out,  acknowledged  and  recorded,  as  aforesaid,  such  person  shall 
forfeit  a  sum  not  exceeding  three  hundred  dollars  for  every  lot 
which  he  shall  sell  or  offer  to  sell.  Such  maps  or  plats  of  such 
cities,  towns,  villages  and  additions  made,  acknowledged,  certi- 
fied and  recorded  shall  be  a  sufficient  conveyance  to  vest  the  fee 
of  such  parcels  of  land  as  are  therein  named,  described  or  in- 
tended for  public  uses  in  such  city,  town  or  village,  when  incor- 
porated, in  trust  and  for  the  uses  therein  named,  expressed  or  in- 
tended, and  for  no  other  use  or  purpose.  If  such  city,  town  or 
village  shall  not  be  incorporated,  then  the  fee  of  such  lands  com 
veyed  as  aforesaid  shall  be  vested  in  the  proper  county  in  like 
trust,  and  for  the  uses  and  purposes  aforesaid,  and  none  other. 
[R.  S.  1899,  Sec.  8959]. 

Sec.  7.  Penalty  for  recording  imperfect  plat. — If  any  person, 
his  agent  or  attorney  shall  cause  a  map  or  plat  of  any  such  city, 
town,  village  or  addition  thereto  to  be  recorded  which  does  not 
set  forth  and  describe  all  parcels  of  ground  which  have  been  or 
shall  be  promised  or  set  apart  for  public  uses,  such  persons  shall 
forfeit  double  the  value  of  the  ground  so  promised  or  pretended 
to  have  been  set  apart  for  public  uses,  and  not  set  forth  on  the 
plat.  The  forfeitures  arising  under  this  chapter  may  be  recovered 
by  civil  action,  with  costs,  in  the  name  of  the  county  to  the  use 
of  the  school  fund  of  the  incorporated  city,  town  or  village  in 
which  the  land  lies,  or  the  county,  as  the  case  may  be.  [R.  S. 
1899,  Sec.  8960]. 


ART.  XVI. 


SEWERS. 


147 


ARTICLE    XVI. 

SEWERS. 


Section 

1.  Sewer  system — public  sewers. 

2.  District   sewers. 


■r,.-'TION 

3.  Private   sewers. 

4.  Condemnation  of  property. 


Section  1.  Of  sewers. — The  common  council  shall  have 
power  to  cause  a  general  sewer  system  to  be  established,  which 
shall  be  divided  into  three  classes,  to  wit :  Public,  district  and 
private  sewers.  Public  sewers  shall  be  established  along  the 
principal  courses  of  drainage,  at  such  times,  to  such  extent,  of 
such  dimensions  and  under  such  regulations  as  may  be  provided 
by  ordinance,  and  these  may  be  extensions  or  branches  of  sewers 
already  constructed  or  entirely  new  throughout,  as  may  be  deemed 
expedient.  The  common  council  shall  levy  a  tax  on  all  property 
made  taxable  for  state  purposes  over  the  whole  city  to  pay  for  the 
constructing,  reconstructing  and  repairing  of  such  work,  which 
tax  shall  be  called  "special  public  sewer  tax,"  and  shall  be  such 
amount  as  may  be  required  for  the  sewer  provided  by  ordinance 
to  be  built ;  and  the  fund  arising  from  said  tax  shall  be  appro- 
priated solely  to  the  building  and  repairing  of  said  sewers.  No 
sewer  shall  be  run  diagonally  through  private  property  when  it  is 
practicable,  without  injury  to  such  sewer,  to  construct  it  parallel 
with  one  of  the  exterior  lines  of  such  property ;  nor  shall  any  pub-, 
lie  sewer  be  constructed  through  private  property  when  it  is  prac- 
ticable to  construct  it  along  or  through  a  street  or  other  public 
highway.     [R.  S.  1899,  Sec.  5685]. 

Sec.  2.  District  sewers.^District  sewers  shall  be  established 
within  the  limits  of  the  districts  to  be  prescribed  by  ordinance, 
connecting  with  a  public  sewer  or  other  district  sewer,  or  with 
the  natural  course  of  drainage,  as  each  case  may  be.  Such  district 
may  be  subdivided,  enlarged  or  changed  by  ordinance,  at  any 
time  previous  to  the  construction  of  the  sewer  therein.  The  com- 
mon council  shall  cause  sewers  to  be  constructed  in  each  district 
whenever  a  majority  of  the  property  holders,  residents  therein, 


148  CHARTER. 

shall  petition  therefor,  or  whenever  the  common  council  may  deem 
such  sewer  necessary  for  sanitary  or  other  purposes,  and  said 
sewer  shall  be  of  such  dimensions  as  may  be  prescribed  by  ordi- 
nance, and  may  be  changed,  enlarged  or  extended,  and  shall  have 
all  the  necessary  laterals,  inlets  and  other  appurtenances  which 
may  be  required.  As  soon  as  the  district  sewer  shall  have  been 
completed  the  city  engineer,  or  other  officer  having  charge  of  the 
work,  shall  compute  the  whole  cost  thereof,  and  shall  assess  it  as 
a  special  tax  against  the  lots  of  ground  exclusive  of  the  improve- 
ments, in  proportion  to  the  area  of  the  whole  district,  exclusive  of 
public  highways,  and  such  officer  shall  make  out  a  certified  bill  of 
such  assessment  against  each  lot  of  ground  within  the  district, 
in  the  name  of  the  owner  thereof;  said  certified  bill  shall  be  de- 
livered to  the  contractor  for  the  work,  who  shall  proceed  to  col- 
lect the  same  by  the  ordinary  process  of  law,  in  the  name  of  the 
city,  to  his  own  use,  and,  in  case  of  absent  owners,  he  may  sue 
by  attachment  or  by  any  other  process  known  to  the  law ;  and 
every  such  certified  bill  shall  be  a  lien  against  the  lot  of  ground 
described  therein,  and  shall  bear  interest  at  the  rate  of  ten  per 
cent  per  annum  from  thirty  days  after  the  date  of  its  issue,  unless 
sooner  offered  to  be  paid,  and  if  not  paid  or  offered  to  be  paid 
within  six  months  after  the  date  of  issue,  then  it  shall  bear  interest 
at  the  rate  of  fifteen  per  cent  per  annum  until  paid ;  and  every 
such  certified  bill  shall,  on  action  brought  to  recover  the  amount 
thereof,  be  prima  facie  evidence  of  the  validity  of  the  charges 
against  the  property  therein  described,  and  of  the  liability  of  the 
person  therein  named  as  the  owner  of  such  property.  The  city 
shall  incur  no  liability  for  building  district  sewers,  except  when 
the  city  is  the  owner  of  a  lot  of  ground  within  the  district,  and  in 
that  case  the  city  shall  be  liable  for  the  cost  of  said  sewer,  in  the 
same  manner  as  other  property  owners  within  the  district.  The 
repairs,  cleaning  and  other  incidental  expenses  of  district  sewers 
shall  be  paid  out  of  a  general  appropriation  for  that  purpose. 
The  lien  of  such  special  tax  bills  shall  continue  for  two  years 
after  the  issue  of  the  same,  but  no  longer,  unless  suit  be  brought 
to  collect  the  same  within  two  years  from  the  issue  thereof,  in 
which  case  the  lien  shall  continue  until  the  determination  of  the 


ART.  XVI.  SEWERS.  149 

legal  proceedings  to  collect  the  same,  including  any  sale  of  the 
property  charged.      [R.  S.  1899,  Sec.  5686.]      (c) 

Sec.  3.  Private  sewers. — Private  sewers  connected  with  pub- 
lic and  district  sewers  may  be  constructed  under  such  restrictions 
and  regulations  as  the  common  council  may  prescribe  by  general 
ordinance,  but  the  city  shall  be  at  no  expense  in  the  construction, 
repairing  or  cleaning  the  same.      [R.  S.  1899,  Sec.  5687]. 

Sec.  4.  Private  property  may  be  condemned. — The  common 
council  shall  have  power  to  condemn  private  property  for  use,  oc- 
cupation or  possession  in  the  construction  and  repair  of  public 
sewers,  in  the  same  manner  as  other  property  is  condemned  for 
other  public  uses.      [R.  S.  1899,  Sec.  5688] . 

(c)  The  exercise  of  the  power  of  a  city  to  construct  sewers  is  of  a  legisla- 
tive or  quasi  judicial  character — is  discretionary  with  the  municipal 
board,  and  a  failure  to  act  will  not  in  general  give  any  right  of  action 
to  a  private  party:     Woods  v.  The  City  of  Kansas,  58  App.  272. 

If  a  city  neglects  after  notice,  or  after  such  time  as  notice  will  be  im- 
puted to  it,  to  remove  obstructions  in  its  sewers,  and  property  is 
overflowed  and  damaged  by  reason  thereof,  then  the  property  owner 
has  a  cause  of  action  against  it:  Woods  v.  The  City  of  Kansas,  58 
App.  272. 


150 


CHARTER. 


ARTICLE    XVII 


FIRE   DEPARTMENT. 


5. 


6. 


Section 

1.  Fire  limits. 

2.  Power  of  council. 

3.  Fire  engines  to  bo  procured,  etc. 

4.  Fire    department    empowered   to 

create     funds     for     pensioning 
disabled  firemen. 

Honorary  members,  admission 
of. 

Board  of  trustees,  who  to  com- 
pose. 

City  treasurer  ex-officio  treas- 
urer of  board. 

Relief  fund  and  retirement  fund 
created — sources    of   revenue. 

One  per  cent,  of  certain  reve- 
nues may  be  set  apart  for  re- 
lief fund. 

Certain  moneys  to  go  into  re- 
tirement  fund. 

Powers  of  board  of  trustees. 

Transfer  of  money  from  retire- 
ment fund  to  relief  fund  au- 
thorized. 

Members  of  Are  department  may 
be  assessed  for  benefit  of  re- 
lief fund. 

Moneys    in    funds    may    be    in- 
vested. 
15.     To  be  loaned  separately. 


'  Section 


10. 


11. 
12. 


14. 


17. 


18. 


19. 


24 


26 


27 


Who  to  be  beneficiaries  of  re» 

lief  fund. 

Widow  and  children  of  firemen 
beneficiaries,   when. 

Relatives  beneficiaries  of  re- 
tirement fund,  W'hen. 

Member  of  fire  department  ben- 
eficiary of  retirement  fund, 
when. 

Widow  and  chnaren  benefi- 
ciaries of  retirement  fund, 
when. 

When  funds  are  short,  moneys 
to  be  prorated  to  beneficiaries. 

Treasurer  to  give  bond. 

Warrants  to  be  drawn  on  treas- 
urer at  request  of  board. 

Money  paid  beneficiaries  only 
upon  warrant. 

Board  of  trustees  to  report  to 
city  legislative  body. 

Pension  money  exempt  from 
garnishment,    etc. 

Fire  department  association  au- 
thorized to  transfer  funds  to 
board  of  trustees. 

Funeral  expenses  may  be  paid 
out  of  retirement  fund. 


Section  1.  Fire  limits. — ^The  common  council  shall  have 
power,  by  ordinance,  to  prohibit  the  erection  or  repairing  of 
wooden  buildings  within  such  limits  as  may  be  prescribed  by  ordi- 
nance, and  to  direct  that  all  buildings  within  the  limits  prescribed 
shall  be  made  or  constructed  of  fireproof  material,  and  to  declare 
all  dilapidated  buildings  to  be  nuisances,  and  to  direct  the  same 
to  be  repaired,  removed  or  abated  in  such  manner  as  they  shall 
prescribe  and  direct,  and  to  declare  all  wooden  buildings  within 
the  fire  limits  which  they  may  deem  dangerous  to  contiguous 
buildings,  in  causing  or  promoting  fires,  to  be  nuisances,  and  to 
require  or  cause  to  be  removed  in  such  manner  and  under  such 
penalties  to  the  owners  or  proprietors  thereof  as  they  may  direct. 
[R.  S.  1899,  Sec.  5689]. 


ART.  XVII.  FIRE  DEPARTMENT.  151 

Sec.  2.  Power  of  council  to  provide  against  fires. — The  com- 
mon council  shall  have  power : 

I.  To  prohibit  the  construction  of  chimneys,  flues,  fire- 
places, stovepipes,  ovens  or  other  apparatus  used  in  or  about 
any  building  or  manufactory,  and  cause  the  same  to  be  removed 
or  put  in  a  safe  condition  when  considered  dangerous. 

II.  To  prevent  the  deposit  of  ashes  in  unsafe  places ;  and 
may  appoint  one  or  more  officers  to  enter  into  all  buildings  and 
inclosures  to  examine  whether  the  same  are  in  dangerous  condi- 
tion, and  to  cause  such  as  may  be  dangerous  to  be  put  in  a  safe 
condition. 

III.  To  regulate  and  prevent  the  carrying  on  of  manufac- 
tories dangerous  in  promoting  or  causing  fires. 

IV.  To  regulate,  prevent  and  prohibit  the  use  of  fireworks 
and  firearms. 

V.  To  direct  and  prohibit  the  management  of  houses  for  the 
storing  of  gunpowder  and  other  combustibles  and  dangerous 
materials  within  the  city;  to  regulate  the  keeping  and  conveying 
the  same,  and  the  use  of  candles  and  other  lights  in  stables  and 
other  like  houses. 

VI.  To  regulate  and  prescribe  the  manner  and  order  of 
building  parapets  and  partition  walls  and  partition  fences. 

VII.  To  compel  the  owners  or  occupiers  of  houses  or  other 
buildings  to  have  scuttles  on  the  roof,  and  stairs  or  a  ladder  lead- 
ing to  the  same. 

VIII.  And  generally  to  establish  such  regulations  for  the 
prevention  and  extinguishment  of  fires  as  the  common  council 
may  deem  expedient.     [R.  S.  1899,  Sec.  5690]. 

'  Sec.  3.  May  procure  engines,  etc.^The  common  council 
may  procure  steam  fire  engines  and  other  apparatus  used  for  the 
extinguishment  of  fires,  and  have  the  charge  and  control  of  the 
same,  and  provide  fit  and  secure  houses  and  other  places  of  keep- 
ing and  preserving  the  same,  and  shall  have  power: 


152  CHARTER. 

I.  To  organize  fire,  hose,  axe  and  ladder  companies. 

II.  To  appoint  and  pay,  during  their  pleasure,  a  competent 
number  of  able  and  reputable  inhabitants  of  the  city  as  firemen, 
to  [have]  the  care  and  management  of  the  engines  and  the  appar- 
atus and  implements  used  and  provided  for  the  extinguishment 
of  fires. 

III.  To  prescribe  the  duties  of  firemen  and  to  make  rules 
and  regulations  for  their  government,  and  to  impose  reasonable 
penalties  upon  them  for  a  violation  of  the  same,  and  for  incapac- 
ity, neglect  of  duty  or  misconduct  to  remove  them. 

IV.  The  common  council  shall  have  the  poveer  to  appoint 
a  chief  and  assistant  engineer  of  the  fire  department,  and  they, 
with  the  other  firemen,  shall  take  the  care  and  management  of 
the  engine  and  other  apparatus  provided  and  used  for  the  ex- 
tinguishment of  fires ;  and  their  powers  and  duties  shall  be  pre- 
scribed and  defined  by  the  common  council,  the  particulars  of  all 
which  shall  be  prescribed  by  ordinance.     [R.  S.  1899,  Sec.  5691]. 

Sec.  4.  Fire  department  empowered  to  create  funds  for  pen- 
sioning disabled  firemen. — Any  fire  department  existing  by  au- 
thority of  tlie  laws  of  this  state,  or  any  municipal  authority 
thereof,  in  any  city  in  this  state  now  having  or  which  may  hereaf- 
ter acquire  a  population  of  more  than  one  hundred  thousand 
inhabitants,  is  hereby  authorized  and  empowered  to  create  funds 
for  the  purpose  of  pensioning  firemen  and  afi'ording  relief  to 
members  of  such  fire  department  when  sick,  or  who  may  become 
disabled  in  the  service,  or  retired,  and  provide  for  the  relief  of 
the  families  and  other  dependents  of  such  firemen  in  case  of 
death,  under  such  rules  and  regulations  as  may  be  enacted  by  the 
board  of  trustees  of  such  funds,  subject  to  the  provisions  of  this 
act,  and  not  inconsistent  with  the  constitution  and  laws  of  this 
state.     [Laws  of  1903,  page  87]. 

Sec.  5.  Honorary  members,  admission  of. — The  board  of 
trustees  may  provide  for  the  admission  of  honorary  members  of 
the  department  in  such  manner  and  under  such  conditions  as  may 
be  set  forth  in  the  rules  and  regulations  enacted  by  said  board  of 
trustees.     [Laws  of  1903,  page  87]. 


ART.  XVII.  FIRE  DEPARTMENT.  153 

Sec.  6.  Board  of  trustees,  who  to  compose. — In  cities  the 
treasurer,  the  eoimselor,  the  clerk  or  register,  and  the  comptroller, 
where  such  office  exists,  the  chief  officer  of  the  fire  department, 
four  delegates  at  large  from  the  fire  department,  to  be  elected  by 
the  members  thereof  on  the  first  IMonday  of  December  of  each 
year,  whose  term  of  office  shall  be  for  one  year,  and  one  delegate 
from  the  retired  or  pensioned  list,  to  be  elected  by  the  retired  or 
pensioned  members  on  the  first  Monday  of  December  of  each  year, 
whose  term  of  office  shall  be  for  one  year,  shall  constitute  and 
be  a  board  to  be  known  as  the  "board  of  trustees  of  the  firemen's 
pension  fund."  The  board  shall  select  from  their  members  a 
president  and  secretary.      [Laws  of  1903,  page  87]. 

Sec.  7.  City  treasurer  ex-officio  treasurer  of  board. — ^The 
treasurer,  in  all  cities  in  this  state  to  which  this  act  is  applicable,, 
shall  be  ex-officio  treasurer  of  said  board,  and  as  such  shall  have 
charge  of  the  funds  and  securities  provided  for  herein.  He  shall 
give  such  bond  as  the  board  may  require,  and  shall  be  subject  to 
the  order  and  direction  of  the  board.     [Laws  of  1903,  page  87]. 

Sec.  8.  Relief  fund  and  retirement  fund  created — sources 
of  revenue. — The  revenues  which  shall  form  and  maintain  the 
fire  department  pension  funds  in  cities  to  which  this  act  is  appli- 
cable shall  be  divided  as  follows,  viz:  first,  into  the  "relief  fund," 
and,  second,  into  the  "retirement  fund."  Said  funds  shall  be 
created  as  hereinafter  provided,  and  shall  be  separately  kept, 
and  used  only  as  provided  in  this  act.  The  funds  which  shall  be 
credited  to  and  form  the  "relief  fund"  shall  be  realized  and  se- 
cured from  the  following  sources:  All  moneys  and  securities  re- 
maining in  the  hands  or  under  control  of  any  incorporated  fire 
department  pension  fund  and  relief  association  existing  in  any 
such  city  at  the  time  this  act  shall  take  effect,  which  may  be 
transferred  to  said  fund  by  authority  of  the  membei^s  of  such  as- 
sociation, and  all  moneys  which  may  now  be  under  the  control 
of  any  board  of  trustees  of  the  firemen's  fund,  or  firemen's  pen- 
sion fund,  in  any  such  city  at  the  time  when  this  act  shall  take 
effect;  all  moneys  derived  by  any  such  city  from  the  sale  of  all 
condemned  stock,  horses,  mules,  condemned  hose,  or  other  fire 
apparatus  of  every  kind  or  description,  which  may  be  set  apart 
to  said  fund  by  act  or  ordinance  of  the  municipal  authorities  of 
such  city;   all  moneys  received  from  rejected  or  surplus  material 


154  CHARTER. 

or  article  of  value  coming  into  the  department  and  disposed  of 
and  sold  by  the  officers  of  any  such  city,  which  may  be  set  apart 
to  said  fund  by  act  or  ordinance  of  the  municipal  authorities  of 
such  city ;  all  moneys  levied  and  collected  by  any  court  as  fines 
for  the  violation  of  the  laws  in  relation  to  the  construction  of  any 
certain  class  of  buildings  of  prohibited  materials  within  the  fire 
limits  of  any  such  city  as  established  l)y  law  or  ordinance,  which 
may  be  set  apart  to  said  fund  by  act  or  ordinance  of  the  munici- 
pal authorities  of  such  city ;  all  fines  derived  from  any  violation 
of  any  building  law  or  ordinance  in  any  such  city,  which  may  be 
set  apart  to  said  fund  by  act  or  ordinance  of  the  municipal  author- 
ities of  such  city ;  all  fines  and  penalties  that  may  be  collected 
for  violating  the  municipal  laws  or  ordinances  regulating  the 
quantity,  quality  or  storage  of  petroleum,  coal  oil,  gasoline,  tur- 
pentine, or  any  product  thereof,  all  hemp,  cotton,  powder,  giant 
powder,  dynamite  or  other  combustible  or  inflammable  substance, 
liquid  or  material  that  is  considered  extremely  dangerous  or  haz- 
ardous, which  may  be  set  apart  to  said  fund  by  act  or  ordinance 
of  the  municipal  authorities  of  such  city ;  all  moneys  derived 
from  licenses  or  privileges  to  store  or  manufacture  coal  oil,  pe- 
troleum, gasoline,  turpentine,  powder,  giant  powder,  dynamite, 
hemp,  cotton,  or  other  combustible  or  inflammable  substances, 
liquid  or  material  •  that  is  considered  extremely  dangerous  or 
hazardous,  which  may  be  set  apart  to  said  fund  by  act  or  ordi- 
nance of  the  municipal  authorities  of  such  city ;  and  all  moneys 
derived  from  any  and  all  other  sources  that  may  by  any  law  or  or- 
dinance of  this  state,  or  any  municipalit}^  thereof,  be  set  apart 
for  the  benefit  of  any  such  fire  department  pension  fund  in  any 
such  city  in  this  state.  The  funds  which  shall  be  credited  to 
and  form  the  "retirement  fund''  shall  be  realized  and 
secured  from  the  following  sources:  All  initiation  fees 
and  dues  from  the  active  and  honorary  members  of  the  depart- 
ment ;  all  moneys  derived  from  citizens  or  others  for  services 
rendered  by  any  such  fire  department  to  such  citizens  or  others 
for  pumping  out  cellars,  filling  cisterns,  removing  dangerous 
walls,  buildiings  or  other  obstructions  that  are  injurious  or  dan- 
gerous to  the  inhabitants  of  any  such  city,  and  the  emoluments 
from  all  such  other  work  as  may  be  permitted  by  any  such  city 
to  be  performed  ])y  the  department  outside  of  its  legitimate  and 
proper  duty;  all  fines  and  penalties  imposed  upon  membei-s  of 
the  department  for  any  dereliction  of  duty,  or  for  violation  of  any 


ART.  XVII.  FIRE  DEPARTMENT.  155 

rule  or  order  or  regulation  of  the  department,  after  any  such 
rule,  order  or  regulation  has  been  properly  promulgated  and 
made  known  to  the  department,  such  fine  or  penalty  shall  not  ex- 
ceed fifty  dollars,  or  be  less  than  five  dollars,  for  any  one  ott'ense ; 
all  donations  received  by  the  chief  or  any  other  officer  of  the  de- 
partment from  any  citizen  or  other  person  or  corporation  for  and 
in  the  name  of  the  department ;  and  all  moneys  derived  from  lec- 
tures, picnics  and  other  entertainments  authorized  by  the  de- 
partment.    [Laws  of  1903,  page  87], 

Sec.  9.  One  per  cent  of  certain  revenues  may  be  set  apart 
for  relief  fund. — -The  municipal  authorities  in  cities  in  this  state 
to  which  this  act  is  applicable  may,  by  act  or  ordinance,  set  apart 
not  exceeding  one  per  centum  of  all  revenues  received  for  munic- 
ipal purposes  by  such  cities  from  licenses  issued  by  such  cities  as 
a  fund  for  the  pensioning  of  crippled  and  disabled  members  of 
the  fire  department,  and  of  the  widows  and  orphans  of  deceased 
members  of  the  fire  department  of  such  cities,  which  moneys  shall 
be  credited  to  said  "relief  fund."     [Laws  of  1903,  page  88]. 

Sec.  10.  Certain  moneys  to  go  into  retirement  fund. — All  re- 
wards in  money,  fees,  gifts  and  endowments  that  may  be  paid  or 
given  for  or  on  account  of  extraordinary  services  by  said  fire  de- 
partment, or  any  member  thereof,  except  when  permitted  by  or- 
der of  the  board  to  be  retained  by  said  member,  may  be  paid  into 
said  "retirement  fund,"  and  the  said  board  of  trustees  may  take 
by  gift,  grant,  devise  or  bequest  any  money,  real  estate,  personal 
property,  right  of  property  or  other  valuable  thing,  and  the  same 
shall  be  treated  as  a  part  of  and  for  the  use  of  said  "retirement 
fund:"  Provided,  however,  the  principal  of  said  fund  shall 
never  in  the  aggregate  exceed  the  sum  of  two  hundred  and  fifty 
thousand  dollars.      [Laws  of  1903,  page  88]. 

Sec.  11.  Powers  of  board  of  trustees. — The  board  of  trustees 
of  the  firemen's  funds  shall  have  exclusive  control  and  manage- 
ment of  the  separate  funds  mentioned  in  this  act,  and  of  all  the 
moneys  donated,  paid  or  assessed  for  the  relief  or  pensioning  of 
crippled,  disabled  or  retired  members  of  the  fire  department,  and 
their  widows,  minor  children  and  dependents.  Said  board  shall 
make  all  needful  rules  and  regulations  for  its  government  in  the 
discharge  of  its  duties,  and  shall  hear  and  decide  all  applications 


15 '3  CHARTER. 

for  relief  or  pensions  under  this  act,  and  its  decision  on  such  ap- 
plications shall  be  final  and  conclusive,  and  not  subject  to  re- 
view and  reversal,  except  by  the  board,  and  a  record  shall  be 
kept  of  all  the  meetings  and  proceedings  of  the  board.  [Laws 
of  1903,  page  89]. 

Sec.  12.  Transfer  of  money  from  retirement  fund  to  relief 
fund  authorized. — The  moneys  and  securities  credited  to  the  "re- 
lief fund"  under  the  provisions  of  this  act  shall  in  no  case  be 
transferred  to  or  become  a  part  of  the  "retirement  fund,"  or 
used  in  whole  or  in  part  for  the  purposes  for  which  the  latter 
fund  is  created :  ])ut  the  board  of  trustees  shall  have  the  power, 
for  the  purpose  of  equalizing  the  demands  against  said  funds,  to 
transfer  any  part  of  the  moneys  credited  to  said  "retirement 
fund"  to  the  former  fund,  and  such  moneys  shall  thereafter  be- 
come a  part  of  the  same.     [Laws  of  1903,  page  89]. 

Sec.  13.  Members  of  fire  department  may  be  assessed  for 
benefit  of  relief  fund. — The  board  of  trustees  may  assess  each 
member  of  the  fire  department  such  sum  per  month  as  may  be  de- 
termined by  the  rules  and  regulations  adopted  by  the  board,  and 
such  assessment  shall  not  be  increased  or  diminished  during  any 
one  fiscal  year,  the  sums  so  assessed  to  be  deducted  and  with- 
held from  the  monthly  pay  of  each  member,  and  the  same  to  be 
placed  by  the  treasurer  of  the  board  to  the  credit  of  the  "relief 
fund."     [Laws  of  1903,  page  89]. 

Sec.  14.  Moreys  in  funds  may  be  invested. — Said  board  of 
trustees  shall  have  power  to  draw  such  funds  as  are  credited 
to  the  "relief  fund"  under  the  provisions  of  this  act  from  the 
treasury  of  such  city,  and  may  invest  the  same,  or  any  part 
thereof  in  the  name  of  the  "board  of  trustees  of  the  firemen's 
pension  fund,"  in  the  interest-bearing  bonds  of  the  United  States 
or  the  state  of  IMissouri,  or  of  any  county,  township  or  municipal 
corporation  of  the  state,  or  loan  the  same  on  real  estate  in  the 
city  where  such  pension  funds  are  established,  not  exceeding  in 
amount  in  any  case  two-thirds  of  the  assessed  taxpaying  valua- 
tion of  such  real  estate ;  and  said  board  shall  have  power  to  in- 
vest the  funds  credited  to  the  "retirement  fund"  in  like  manner. 
All  such  securities  shall  be  deposited  with  the  treasurer  of  such 
city  as  ex  officio  treasurer  of  such  board.  [Laws  of  1903,  page 
89]. 


ART.  XVII.  FIRE  DEPARTMENT.  157 

Sec.  15.  To  be  loaned  separately. — Said  funds  shall  be 
loaned  separately,  and  the  interest  received  from  the  investment 
of  same  shall  be  credited  to  said  funds  respectively.  [Laws  of 
1903,  page  89]. 

Sec.  16.  Who  to  be  beneficiaries  of  relief  fund. — If  any 
member  of  the  fire  department  of  any  such  city  shall,  while  in 
performance  of  his  duty,  become  and  be  found,  upon  an  examina- 
tion by  a  medical  oiScer  ordered  by  said  board  of  trustees,  to  be 
physically  or  mentally  permanently  disabled  by  reason  of  ser- 
vice in  such  department,  so  as  to  render  necessary  his  retirement 
from  service  in  said  fire  department,  said  board  of  trustees  shall 
retire  such  disabled  member  from  service  in  such  fire  depart- 
ment :  Provided,  however,  no  such  retirement  on  account  of  dis- 
ability shall  occur  unless  said  member  has  contracted  said  dis- 
ability in  the  service  of  such  fire  department ;  and  upon  such  re- 
tirement the  said  board  of  trustees  shall  order  the  payment  to 
such  disabled  member  of  such  fire  department  monthly,  from  the 
■'relief  fund,"  such  sum  of  money  as  may  be  determined  by  the 
rules  and  regulations  provided  for  the  management  of  said  funds ; 
and  in  case  the  party  suffering  such  disability  is  a  member  of  the 
volunteer  department  receiving  no  pay,  the  amount  to  be  paid 
him  shall  be  fixed  by  the  board  of  trustees.  [Laws  of  1903,  page 
89]. 

Sec.  17.    Widow  and  children  of  firemen  beneficiaries,  when. 

— If  any  member  of  such  fire  department  shall,  while  in  the  per- 
formance of  his  duty,  be  killed  or  die  as  the  result  of  an  injury 
received  in  the  line  of  his  duty,  or  of  any  disease  contracted  by 
reason  of  his  occupation  as  fireman,  or  shall  die  from  any  cause 
whatever  while  in  such  service,  and  shall  leave  a  widow,  or  child 
or  children  under  the  age  of  sixteen  years  surviving,  said  board 
of  trustees  shall  direct  the  payment  from  said  "relief  fund" 
monthly  to  such  widow,  while  unmarried,  such  sum  of  money  as 
may  be  determined  by  the  rules  and  regulations  provided  for  the 
management  of  said  funds,  and  said  board  shall  also  direct  the 
payment  out  of  said  "relief  fund"  for  each  child  until  it  reaches 
the  age  of  sixteen  years  such  sum  of  money  as  may  be  determined 
by  said  rules  and  regulations;  and  in  case  the  party  suffering 
such  disability  is  a  member  of  the  volunteer  department  the 
amount  to  be  paid  monthly  to  his  widow  and  children  aforesaid 
shall  be  fixed  by  said  board  of  trustees.     [Laws  of  1903,  page  90]. 


158  CHARTER. 

Sec.  18.  Relatives  beneficiaries  of  retirement  fund,  when. — 
If  any  member  of  such  lire  department  being  single  and  unmar- 
ried shall,  while  in  the  performance  of  his  duty,  be  killed,  or  die 
as  the  result  of  an  injury  received,  or  shall  die  of  any  disease 
contracted  by  reason  of  his  occupation  as  fireman,  or  shall  die 
from  any  cause  whatever  while  in  said  service,  and  shall  leave 
a  father  or  mother  who  are  dependent  upon  him  for  support,  or 
a  brother  or  sister  under  the  age  of  sixteen  years  so  dependent, 
said  board  of  trustees  shall  direct  the  payment  from  the  "retire- 
ment fund"  monthly  to  each  such  dei)endent  parent,  and  to  each 
such  dependent  brother  or  sister  under  sixteen  years  of  age  such 
sum  of  money  as  may  be  determined  by  the  rules  and  regulations 
provided  for  the  management  of  said  funds.  [Laws  of  1903, 
page  90]. 

Sec.  19.  Member  of  fire  department  beneficiary  of  retire- 
ment fund,  when. — Any  member  of  the  fire  department  of  any 
such  cit}',  arriving  at  the  age  of  fifty  years,  and  having  served 
twenty-two  years  or  more  in  such  fire  department,  of  which  the 
last  two  years  shall  have  been  continuous,  may  make  application 
to  be  relieved  from  such  fire  department  and  retired;  and  if  his 
application  is  granted,  or  if  he  shall  be  discharged  from  such  de- 
partment, the  said  board  of  trustees  shall  order  and  direct  that 
said  person  shall  be  paid  out  of  the  "retirement  fund"  monthly 
such  sum  of  money  as  may  be  determined  by  the  rules  and  regula- 
tions provided  for  the  management  of  said  funds ;  and  if  he  be 
a  member  of  the  volunteer  fire  department  and  not  under  pay, 
such  amount  monthly  as  may  be  fixed  by  the  board  of  trustees. 
After  the  decease  of  such  member  his  widow,  providing  their 
marriage  shall  have  occurred  prior  to  such  retirement,  and  his 
children  under  the  age  of  sixteen  years,  if  any,  shall  be  paid 
out  of  the  "retirement  fund"  such  sum  of  money  as  may  be  de- 
termined by  said  rules  and  regulations.      [Laws  of  1903,  page  90]. 

Sec.  20.  Widow  and  children  beneficiaries  of  retirement 
fund,  when. — If  any  member  of  such  fire  department  shall  die 
after  having  been  retired  and  pensioned  by  reason  of  injuries 
sustained  or  disease  contracted  while  serving  as  a  member  of 
the  department  his  widow,  providing  tlieii-  marriage  shall  have 
occurred  prior  to  such  retirement,  and  children  under  sixteen 
years  of  age,  if  any,  shall  be  paid  monthly  out  of  the  "retire- 
ment fund"  such  sum  of  money  as  may  be  determined  by  the 


ART.  XVII.  FIRE  DEPARTMENT.  159 

rules  aud  regulations  provided  for  the  management  of  said  funds. 
[Laws  of  1903,  page  90] . 

Sec.  21.  When  funds  are  short,  moneys  to  be  prorated  to 
beneficiaries. — If  at  any  time  there  shall  not  be  sufficient  money 
in  the  funds  created  under  the  provisions  of  this  act  to  pay  each 
person  entitled  to  the  benefits  herein  provided  the  full  amount 
per  month  provided  for  in  said  rules  and  regulations,  then  an 
equal  percentage  of  such  monthly  payments  shall  be  paid  to  each 
beneficiary  until  said  funds  shall  have  been  replenished  so  as  to 
warrant  the  payment  in  full  of  each  of  said  beneficiaries.  [Laws 
of  1903,  page  91]. 

Sec.  22.  Treasurer  to  give  bond. — The  treasurer  of  the  board 
of  trustees  shall  be  the  custodian  of  said  pension  funds,  and  shall 
secure  and  safely  keep  the  same,  subject  to  the  control  and  direc- 
tion of  the  board,  and  shall  keep  his  books  and  accounts  concern- 
ing said  funds  in  such  manner  as  may  be  prescribed  by  the  board, 
and  said  books  and  accounts  shall  always  be  subject  to  the  in- 
spection of  the  board  or  any  member  thereof.  The  treasurer 
shall  execute  a  bond  to  the  city,  with  good  and  sufficient  sureties, 
in  such  penal  sum  as  the  board  shall  direct,  to  be  approved  by 
the  board,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will  safely  keep  and  well  and  truly  ac- 
count for  all  moneys  and  property  which  may  come  to  his  hands 
as  such  treasurer,  and  that  on  the  expiration  of  his  term  of  office 
he  will  surrender  and  deliver  over  to  his  successor  all  unexpended 
moneys,  and  all  securities  and  property  which  may  have  come  to 
his  hands  as  treasurer  of  such  funds ;  and  said  bond  shall  be  filed 
in  the  office  where  the  records  of  the  city  are  kept,  and  may  be 
sued  on  in  the  name  of  said  city,  to  the  use  of  said  board  or  any 
person  or  persons  injured  by  a  breach  thereof.  '  [Laws  of  1903, 
page  91]. 

Sec.  23.  Warrants  to  be  drawn  on  treasurer  at  request  of 
board. — It  shall  be  the  duty  of  the  officer  or  officers  of  such  city 
who  are  designated  by  law  to  draw  warrants  on  the  treasurer  of 
such  city,  upon  request,  in  writing,  by  said  board  of  trustees,  to 
draw  warrants  on  the  treasurer  of  such  city,  payable  to  the  treas- 
urer of  such  board  of  trustees,  for  all  funds  belonging  to  said  pen- 
sion fund  as  aforesaid.     [Laws  of  1903,  page  91]. 

Sec.  24.  Money  paid  beneficiaries  only  upon  warrant. — All 
moneys  order  to  be  paid  from  said  pension  funds  to  any  person 


160  CHARTER. 

or  persons  shall  be  paid  by  the  treasurer  of  the  board  of  trustees 
only  upon  warrants  signed  by  the  president  of  said  board  and 
countersigned  by  the  secretary  thereof,  and  no  warrant  shall  be 
drawn  except  by  order  of  the  board,  duly  entered  on  the  records 
of  the  proceedings  of  the  board.     [Laws  of  1903,  page  91]. 

Sec.  25.  Board  of  trustees  to  report  to  city  legislative  body. 
— The  board  of  trustees  shall  make  report  to  the  legislative  body 
of  such  city  of  the  condition  of  said  pension  funds  immediately 
after  the  first  meeting  of  said  board  in  January  of  each  year. 
[Laws  of  1903,  page  91]. 

Sec.  2G.  Pension  money  exempt  from  garnishment,  etc. — No 
portion  of  said  pension  funds  shall,  before  or  after  its  order  of 
distribution  by  the  board  of  trustees  to  the  persons  entitled 
thereto,  and  before  the  actual  payment  thereof  to  such  persons, 
be  held,  seized,  taken,  subjected  to,  or  detained  or  levied  on  by 
virtue  of  any  attachment,  execution,  injunction,  w^rit  interlocu- 
tory or  other  order  or  decree,  or  any  process  or  proceeding  what- 
ever issued  out  of  or  by  any  court  of  this  state  for  the  payment  or 
satisfaction,  in  whole  or  in  part,  of  any  debt,  damages,  claim, 
demand  or  judgment  against  the  beneficiary  of  said  funds :  but 
the  said  funds  shall  be  held  and  distributed  for  the  purposes  of 
this  act,  and  for  no  other  purpose  whatever.  [Laws  of  1903, 
page  91]. 

Sec.  27.  Fire  Department  Association  authorized  to  transfer 
funds  to  board  of  trustees. — Any  fire  department  pension  fund 
and  relief  association  existing  in  any  city  to  which  this  act  is 
applicable  is  hereby  empowered,  by  a  majority  vote  of  its  mem- 
bers, to  transfer  and  deliver  all  its  property  and  effects,  after 
the  payment  of.  all  debts  and  liabilities  then  due,  to  the  board  of 
trustees  created  under  this  act,  and  the  said  board  of  trustees 
is  hereby  authorized  to  credit  said  property  and  effects  to  the 
"relief  fund"  provided  for  in  this  act.      [Laws  of  1903,  page  91]. 

Sec.  28.  Funeral  expenses  may  be  paid  out  of  retirement 
fund. — Whenever  an  active  or  retired  fireman  shall  die,  as  afore- 
said, the  board  of  trustees  may  appropriate  from  the  "retirement 
fund"  a  Slim  not  exceeding  one  hundred  dollars  to  the  widow  or 
family  of  such  fireman  for  funeral  expenses,  and  may  expend  a 
sum  not  exceeding  fifty  dollars,  to  be  drawn  from  said  fund,  for 
the  expenses  of  the  attendance  of  the  firemen  at  said  funeral. 
[Laws  of  1903,  page  92]. 


ART.  XVIII.  PARKS.  161 


ARTICLE     XVIII. 

PARKS. 


Sec  tion 

1.  Parks,    how   established. 

2.  Lands,    how   condemned. 

3.  Board     of     park     commissioners 

established. 


Section 

4.  Duties. 

5.  Officers  of  Board. 


Section  1.  Parks,  how  established. — Whenever  any  city  de- 
sires to  establish  a  park  or  pleasure  grounds,  the  common  council 
or  mayor  and  board  of  aldermen  of  such  city  is  hereby  authorized 
and  empowered  to  purchase  or  condemn  lands  in  such  city  or 
within  one  mile  thereof  for  that  purpose,  and  shall  by  ordinance 
describe  the  metes  and  bounds  of  such  lands  to  be  purchased  or 
condemned:  Provided,  that  lands  owned  by  such  city  may  by 
ordinance  be  converted,  set  aside  or  appropriated  for  parks  or 
pleasure  grounds.      [R.  S.  1899,  Sec.  6067]. 

Sec.  2.  Lands,  how  condemned. — The  common  council  or 
mayor  and  board  of  aldermen,  in  proceeding  by  ordinance,  to 
purchase  or  condemn  lands  for  the  purpose  in  the  preceding  sec- 
tion stated,  shall  proceed  in  the  manner  provided  in  this  chapter 
for  the  several  classes  of  cities  organized  under  this  chapter  re- 
spectively, or  in  the  manner  provided  in  the  charter  of  such  city 
for  the  condemnation  of  lands  for  the  establishment  of  streets, 
avenues,  alleys  or  market  places,  or  public  squares;  and  on  such 
condemnation  and  the  payment  of  the  appraisement  as  therein 
provided,  the  title  of  such  land  shall  vest  in  such  city  for  the  uses 
and  purposes  for  which  it  was  taken.     [R.  S.  1899,  Sec.  6068]. 

Sec.  3.  Board  of  park  commissioners  established. — There  is 
hereby  created  a  board  of  park  commissioners  in  cities  of  the 
second  class,  to  consist  of  three  members  to  be  appointed  by  the 
mayor  by  and  with  the  consent  of  the  common  council.  The 
term  of  each  commissioner  shall  be  for  three  years:  Provided, 
that  in  establishing  such  board,  one  member  shall  be  appointed 
for  one  year,  one  for  two  years,  and  one  for  three  years ;  one  mem- 
11 


162  CHARTER. 

ber  shall  be  appointed  each  year  thereafter  for  a  period  of  three 
years.  Provided,  further,  that  in  all  such  cities  where  board  now 
exist  by  virtue  of  any  ordinance,  the  members  thereof  shall  be 
permitted  to  serve  out  the  terms  for  which  they  were  appointed. 
[Laws  of  1901,  page  54] . 

Sec.  4.  Duties. — Such  board  of  park  commissioners  shall 
have  charge  of  all  public  parks  and  such  other  grounds  as  may 
be  turned  over  to  them  by  ordinance.  At  the  beginning  of  each 
fiscal  year  it  shall  be  the  duty  of  the  common  council  in  such  cities 
to  apportion  such  sums  as  may  be  deemed  necessary  for  the  main- 
tenance and  improvement  of  the  parks,  and  to  appropriate  there- 
from from  time  to  time  such  sums  as  may  be  required  by  the  park 
commissioners.  Bills  provided  by  the  park  commissioners  shall 
be  presented  to  the  city  auditor  and  allowed  and  paid  as  are 
other  bills  of  the  city:  Provided,  that  it  shall  be  unlawful  for 
the  board  of  park  commissioners- to  contract  debts  against  the  city 
in  excess  of  the  annual  apportionment.     [Laws  of  1901,  page  55]. 

Sec.  5.  Officers  of  board. — Such  board  of  park  commission- 
ers shall  elect  one  of  its  own  members  as  president,  and  may  pro- 
vide rules  and  regulations  for  its  government.  It  may  employ  a 
general  park  superintendent,  who  shall  be  secretary  of  the  board, 
and  such  other  employes  as  may  be  deemed  necessary  from  time 
to  time.     [Laws  of  1901,  page  55]. 


ART.  XIX. 


PUBLIC  LIBRARY. 


163 


ARTICLE    XIX 


PUBLIC  LIBRARY. 


Section 

1.  Library    fund  —  tax    levy    for  — 

election,    etc. 

2.  Directors,    how    appointed. 

3.  Term    of    office — removal. 

4.  Vacancies,    how    filled — compen- 

sation. 

5.  Organization — powers    of    direc- 

tors—funds. 

6.  Who   may  use   library — rules. 

7.  Board   shall  make  annual  report 

to  council. 


Section 

8.     Council   may  provide   penalties. 
Donations,  how  made. 
Library    building    fund    may    be 

created,    election   for. 
Plans,     etc.,     for    building — con- 
tract,   how    let. 
Power  to  sell  or  exchange  build- 
ing   lot. 


9. 
10. 


11. 


Section    1.       Library    fund — tax  levy  for — election,  etc.— 

When  one  hundred  taxpaying  voters  of  any  incorporated  city 
shall  petition  the  mayor  and  common  council  asking  that  an  an- 
nual tax  be  levied  for  the  establishment  and  maintenance  of  a 
free  public  library  in  such  incorporated  city,  and  shall  specify  in 
their  petition  a  rate  of  taxation,  not  to  exceed  two  mills  on  the 
dollar  annually,  and  in  cities  of  over  one  hundred  thousand  inhab- 
itants not  to  exceed  two-fifths  of  one  mill  annually  on  all  the  tax- 
able property  in  the  city,  such  mayor  and  common  council  shall 
direct  the  proper  officer  to  give  notice  in  his  next  legal  notice  of 
the  annual  election,  or  special  election,  which  may  be  called  for 
the  purpose  of  voting  on  such  question,  that  at  such  election  every 

voter  may  vote  "for  a mill  tax  for  a  free  public 

library,"  or  "  against  a mill  tax  for  a  free  public 

library,"  specifying  in  such  notice  the  rate  of  taxation  mentioned 
in  said  petition ;  and  if  the  majority  of  votes  cast  on  such  prop- 
osition shall  be  "for  the  tax  for  the  free  public  library"  the  tax 
specified  in  such  notice  shall  be  levied  and  collected  in  like  man- 
ner with  other  general  taxes  of  such  incorporated  city,  and  shall 
be  known  as  the  "library  fund:"  Provided,  that  such  tax  shall 
cease  in  case  the  legal  voters  of  any  such  incorporated  city  shall 
so  determine  by  a  majority  vote  at  any  annual  election  held  there- 
in.    [Laws  of  1901,  page  84]. 


164  CHA.RTER. 

Sec.  2.  Directors. — When  any  incorporated  city  shall  have 
decided  to  establish  and  maintain  a  public  library  and  reading 
room  under  this  article  the  mayor  of  such  city  shall,  with  the 
approval  of  the  legislative  branch  of  the  municipal  government, 
proceed  to  appoint  a  board  of  nine  directors  for  the  same,  chosen 
from  the  citizens  at  large,  with  reference  to  their  fitness  for  such 
office ;  and  no  member  of  the  municipal  government  shall  be  a 
member  of  said  board.     [R.  S.  1899,  Sec.  6467]. 

Sec.  3.  Term  of  office — removal. — Said  directors  shall  hold 
office  one-third  for  one  year,  and  one-third  for  two  years  and  one- 
third  for  three  years  from  the  first  of  June  following  their  ap- 
pointment, and  at  their  first  regular  meeting  shall  cast  lots  for  the 
respective  terms ;  and  annually  thereafter  the  mayor  shall,  be- 
fore the  first  of  June  of  each  year,  appoint,  as  before,  three  di- 
rectors, who  shall  hold  office  for  three  years  and  until  their  suc- 
cessors are  appointed.  The  mayor  may,  by  and  with  the  consent 
of  the  legislative  branch  of  the  municipal  government,  remove 
any  director  for  misconduct  or  neglect  of  duty.  [R.  S.  1899,  Sec. 
6468]. 

Sec.  4.  Vacancies,  how  filled — compensation. — Vacancies  in 
the  board  of  directors,  occasioned  by  removals,  resignations  or 
otherwise,  shall  be  reported  to  the  city  council  and  be  filled  in  like 
manner  as  original  appointments,  and  no  director  shall  receive 
compensation  as  such,  and  no  person  shall  be  employed  by  such 
board  of  library  directors  who  is  related  either  by  blood  or  by 
marriage  to  any  director  of  said  board.     [Laws  of  1901,  page  85] . 

Sec.  5.  Organization — powers  of  directors — funds. — Said 
directors  shall,  immediately  after  appointment,  meet  and  organ- 
ize by  the  election  of  one  of  their  number  president,  and  by  the 
election  of  such  other  ofHcers  as  they  may  deem  necessary.  They 
shall  make  and  adopt  such  by-laws,  rules  and  regulations  for 
their  own  guidance,  and  for  the  government  of  the  library  and 
reading  room  as  may  be  expedient,  not  inconsistent  with  this  ar- 
ticle. They  shall  have  the  exclusive  control  of  the  expenditure 
of  all  moneys  collected  to  the  credit  of  the  library  fund,  and  of 
the  construction  of  any  library  building,  and  of  the  supervision, 
care  and  custody  of  the  grounds,  rooms  or  buildings  constructed, 
leased  or  set  apart  for  that  purpose :     Provided,  that  all  moneys 


ART.  XIX.  PUBLIC  LIBRARY.  165 

received  for  such  library  shall  be  deposited  in  the  treasury  of  said 
city  or  village  to  the  credit  of  the  library  fund,  and  shall  be  kept 
separate  and  apart  from  other  moneys  of  such  city  or  village,  and 
drawn  upon  by  the  proper  officers  of  said  city  or  village  upon  the 
properly  authenticated  vouchers  of  the  library  board.  Said 
board  shall  have  power  to  purchase  or  lease  grounds,  to  occupy, 
lease  or  erect  an  appropriate  building  or  buildings  for  the  use  of 
the  said  library ;  shall  have  power  to  appoint  a  suitable  librarian 
and  necessary  assistants,  and  fix  their  compensation,  and  shall 
also  have  power  to  remove  such  appointees ;  and  shall  in  general 
carry  out  the  spirit  and  intent  of  this  article  in  establishing  and 
maintaining  a  public  library  and  reading  room.  [R.  S.  1899,  Sec. 
6470.] 

Sec.  6.  Who  may  use  library. — Every  library  and  reading 
room  established  under  this  article  shall  be  forever  free  to  the  use 
of  the  inhabitants  of  the  city  where  located,  always  subject  to 
such  reasonable  rules  and  regulations  as  the  library  board  may 
adopt  in  order  to  render  the  use  of  said  library  and  reading  room 
of  the  greatest  benefit  to  the  greatest  number ;  and  said  board 
may  exclude  from  the  use  of  said  library  and  reading  room  any 
and  all  persons  who  shall  wilfully  violate  such  rules ;  and  said 
board  may  extend  the  privileges  and  use  of  such  library  and  read- 
ing room  to  persons  residing  outside  of  such  city  in  this  state 
upon  such  terms  and  conditions  as  said  board  may,  from  time  to 
time,  by  its  regulations,  prescribe.     [R.  S.  1899,  Sec.  6471]. 

Sec.  7.  Annual  report,  what  to  contain. — The  said  board  of 
directors  shall  make,  on  or  before  the  second  Monday  in  June,  an 
annual  report  to  the  city  council,  stating  the  condition  of  their 
trust  on  the  first  day  of  May  of  that  year,  the  various  sums  of 
money  received  from  the  library  fund  a. id  from  other  sources, 
and  how  much  moneys  have  been  expentled  and  for  what  pur- 
poses ;  the  number  of  books  and  periodicals  on  hand,  the  number 
added  by  purchase,  gift  or  otherwise  during  the  year;  the  num- 
ber and  general  character  and  kind  of  such  books,  with  such  other 
statistics,  information  and  suggestions  as  they  may  deem  of  gen- 
eral interest.  All  such  portions  of  said  report  as  relate  to  the  re- 
ceipt and  expenditure  of  money,  as  well  as  the  number  of  books 
on  hand,  books  lost  or  missing,  and  books  purchased,  shall  be  ver- 
ified by  affidavit.     [R.  S.  1899,  Sec.  6472]. 


166  CHARTER. 

Sec.  8.  Council  may  provide  penalties. — The  city  council  of 
said  city  or  village  shall  have  poAver  to  pass  ordinances  imposing 
suitable  penalties  for  the  punishment  of  persons  committing  in- 
jury upon  such  library  or  the  grounds  or  other  property  thereof, 
and  for  injury  to  or  failure  to  return  any  boolv  belonging  to  such 
library.     [R.  S.  1899,  Sec.  6473]. 

Sec.  9.  Donations. — Any  person  desiring  to  make  donations 
of  money,  personal  property  or  real  estate  for  the  benefit  of  such 
library,  shall  have  the  right  to  vest  the  title  to  the  money  or  real 
estate  so  donated  in  the  board  of  directors  created  under  this  ar- 
ticle, to  be  held  and  controlled  by  such  board,  when  accepted  ac- 
cording to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such 
property;  and  as  to  such  property  the  said  board  shall  be  held 
and  considered  to  be  special  trustees.     [R.  S.  1899,  Sec.  64:74]. 

Sec.  10.  How  library  building  fund  may  be  created — elec- 
tion, how  and  when  ordered. — Whenever  in  any  incorporated  city 
which  has  decided  or  shall  hereafter  decide  to  establish  and  main- 
tain a  public  library  and  reading  room  under  the  provisions  of 
this  article  one  hundred  taxpaying  voters  of  any  such  incorpo- 
rated city  shall  petition  the  proper  authorities,  asking  that  an  an- 
nual tax  be  levied  as  an  increased  rate  of  taxation  for  the  erection 
of  a  free  public  library  building  in  such  incorporated  city,  and 
shall  specify  in  their  petition  a  rate  of  taxation  not  to  exceed  one 
and  one-half  mills  on  the  dollar  annually,  and  not  to  be  levied 
for  more  than  five  years  on  all  taxable  property  in  such  incor- 
porated city,  and  the  board  of  directors  of  the  free  public  library 
of  such  incorporated  city  shall  deem  it  necessary  that  such  library 
building  should  be  erected,  and  so  express  its  opinion  by  resolu- 
tion, then  the  proper  authorities  of  such  incorporated  city  shall, 
in  the  next  legal  notice  of  a  regular  election  in  such  incorporated 
city,  give  notice  that  at  such  election  every  voter  may  vote  for  an 

annual  increased  rate  of  taxation  for years  of mills 

tax  per  annum  for  the  erection  of  a  free  public  library  building, 
specifying  in  such  notice  the  rate  of  taxation  mentioned  in  such 
petition  and  the  period  for  which  it  is  to  be  levied,  and  if  two- 
thirds  of  the  qualified  voters  of  such  incorporated  city  voting  at 
such  election  shall  vote  "for  the  increased  tax  for  the  erection  of 
a  free  public  library  building"  the  tax  specified  in  such  notice 
shall  be  levied  and  collected  in  like  manner  with  other  general 


ART.  XIX.  PUBLIC  LIBRARY.  167 

taxes  of  said  incorporated  city,  and  shall  be  known  as  "the  li- 
brary building  fund,"  and  shall  be  subject  to  the  exclusive  con- 
trol of  said  board,  and  be  drawn  upon  by  the  proper  officers 
of  such  city  upon  the  properly  authenticated  vouchers  of  said 
board,  and  be  used  for  the  erection  of  the  library  building.  The 
fund  hereby  provided  for  the  erection  of  a  free  public  building 
in  any  such  incorporated  city  shall  be  in  addition  to  the  annual 
tax  levied  for  the  establishment  and  maintenance  of  such  free 
public  library.     [R.  S.  1899,  Sec.  6478]. 

Sec.  11.  Plans  and  specifications  to  be  prepared  and  con- 
tract let. — -When  it  shall  have  been  determined  at  such  election 
to  provide  for  the  erection  of  a  free  public  library  building,  as 
hereinbefore  provided,  the  board  of  directors  of  such  public  libra- 
ry shall  proceed  to  have  plans  and  specifications  of  a  public  li- 
brary building  prepared,  and  shall  then  take  bids  thereon  for  the 
construction  of  said  building,  and  shall  let  the  contract  therefor 
to  the  lowest  and  best  responsible  bidder,  and  shall  require  of 
such  bidder  securities  for  the  performance  of  his  bid.  The  board 
may,  however,  let  parts  of  the  material  or  labor  for  the  erection 
of  the  building  to  different  bidders,  as  to  it  may  seem  best.  [R. 
S.  1899,  Sec.  6479]. 

Sec.  12.     Board  empowered  to  sell  or  exchange  building  lot. 

— "Whenever  the  board  of  directors  of  any  public  library  shall 
have  acquired,  or  shall  hereafter  acquire,  a  lot  or  tract  of  land, 
and  said  board  may  determine  that  it  is  not  judicious  to  erect  the 
library  building  upon  such  lot,  said  board  is  empowered  to  sell  or 
exchange  such  lot  and  to  use  the  proceeds  of  such  sale  or  ex- 
change for  the  purposes  of  a  site  for  a  library  building,  or  for  the 
erection  of  a  library  building  on  any  other  land  purchased  or 
leased  by  or  donated  to  said  board  and  which  it  may  deem  suit- 
able to  said  building :  Provided,  this  act  shall  not  apply  to  cities 
under  ten  thousand  inhabitants.      [R.  S.  1899,  Sec.  6480] . 


168 


CHARTER. 


ARTICLE    XX 


CHARITY  BOARD. 


Section 

1.  Charity  boards  created  in  coun- 

ties containing  cities  of  50,000 
and  less  than  150,000  inhab- 
itants— powers  and  duties  of 
board. 

2.  Board     how     constituted — terras 

of  office   of  members. 

3.  0:ganization    of    board — salaries 

and  fees  of  officials. 


Section 

4.  Dutj-  of  treasurer. 

5.  Records    of    proceeding's    to    be 

kept  and  report  to  be  made  to 
mayor. 

6.  Duty   of  board   as   to   applicants 

for  relief. 

7.  Police  commissioners  and  health 

officers   to   aid    charity   boaid. 


Section  1.  Charity  boards  created  in  counties  containing 
cities  of  50,000  and  less  than  150,000  inhabitants — powers  and 
duties  of  board. — In  all  counties  in  this  state  that  now  or  may 
hereafter  contain  cities  of  more  than  fifty  thousand  and  less  than 
one  hundred  and  fifty  thousand  inhabitants  there  is  hereby 
created  and  established  a  board,  which  shall  be  styled  ' '  The  char- 
ity board  of  the  city  of  "       All  the  powers  and 

duties  counected  with  and  incident  to  the  relief  and  care  of  the 
outdoor  poor  of  such  cities  shall  be  vested  in  and  exercised  by 
said  board,  who  shall  have  power  to  receive  and  disburse  dona- 
tions for  the  relief  of  the  poor,  and  shall  have  exclusive  control 
of  and  dispense  all  public  funds  set  aside  and  appropriated  by 
such  cities  and  counties  for  outdoor  or  temporary  relief  or  aid  to 
indigent,  helpless  or  poor  persons  within  the  limits  of  such  cities. 
Said  board  shall  have  power  to  sue  and  be  sued,  complain  and 
defend  in  all  courts,  to  assume  the  care  of  or  take  by  gift,  grant, 
devise,  bequest  or  otherwise  any  money,  real  estate,  personal  prop- 
erty, right  of  property  or  other  valuable  thing,  and  may  use,  en- 
joy, control,  sell  or  convey  the  same  for  charitable  purposes,  to 
have  and  use  a  common  seal  and  alter  the  same  at  pleasure.  Said 
board  may  make  by-laws  for  its  own  guidance,  rules  and  regula- 
tions for  the  government  of  its  agents,  servants  and  employes, 
and  for  the  distribution  of  the  funds  under  its  control.  [Laws  of 
1901,  page  50]. 

Sec.  2.  Board  how  constituted — terms  of  office  of  members. 
— Said  board  shall  be  non-partisan  and  non-sectarian  in  character, 


ART.  XX.  CHARITY  BOARD.  169 

and  the  members  and  officers  thereof  shall  receive  no  compensa- 
tion as  such.  Said  board  shall  consist  of  the  mayor  of  sneh  cities 
and  the  president  of  the  county  court  of  such  counties,  who  shall 
be  ex  officio  members  thereof,  and  six  other  members,  three  of 
whom  shall  be  appointed  by  the  county  court  of  such  counties, 
who  shall  hold  office,  one  for  one  year,  one  for  two  years  and  one 
for  three  years, -whose  terms  of  office  shall  be  designated  by  such 
county  court,  three  by  the  mayor  and  common  council  of  such 
cities,  who  shall  hold  office,  one  for  one  year,  one  for  two  years 
and  one  for  three  years,  whose  terms  of  office  shall  be  designated 
by  the  mayor.  "Whenever  the  term  of  office  of  any  member  so  ap- 
pointed expires  the  appointment  of  his  successor  shall  be  for  three 
years.  All  such  appointments  shall  date  from  the  first  of  June 
following  their  appointment.  Vacancies  from  any  cause  shall  be 
filled  in  like  manner  as  original  appointments.  The  mayor  may, 
for  misconduct  or  neglect  of  duty,  remove  any  member  ap- 
pointed by  him  in  the  manner  required  for  removal  of  officers  of 
such  cities.  The  county  court  may,  by  a  majority  vote,  for  mis- 
conduct or  neglect  of  duty,  remove  any  member  appointed  by 
them.     [K.  S.   1899,  Sec.  5065]. 

Sec.  3.     Organization  of  board — salaries  and  fees  of  officials. 

Said  members  shall  immediately  after  their  appointment,  and  an- 
nually thereafter,  meet  and  organize  by  electing  out  of  their, 
number  a  president,  vice-president,  treasurer  and  secretary.  All 
subordinate  officers,  agents  and  employes  appointed  by  said  board 
shall  hold  their  positions  at  the  pleasure  of  the  board,  and  each 
shall  give  such  bonds  for  the  faithful  discharge  of  their  duties 
as  may  be  required  by  the  board.  The  total  combined  expendi- 
tures for  salaries  and  fees  of  the  subordinate  agents  and  employes 
of  the  board  shall  in  no  event  exceed  the  sum  of  fifteen  hundred 
dollars  in  any  one  year,  which  shall  be  paid  out  of  the  funds  of 
said  board.     [Laws  of  1901,  page  51]. 

Sec.  4.  Duty  of  treasurer. — All  moneys  received  or  appro- 
priated for  the  use  of  said  board  shall  be  deposited  with  the  treas- 
urer of  said  board  to  its  credit  and  subject  to  its  order,  and  may 
be  drawn  upon  by  the  proper  officers  of  said  board ;  the  treasurer 
shall  give  good  and  sufficient  bond  to  said  board  for  the  safe 
keeping  and  proper  expenditure  of  all  funds  placed  in  his  hands 
by  or  for  the  use  of  said  board.      [R.  S.  1899,  Sec.  5067] . 


170  CHARTER. 

Sec.  5.  Records  of  proceedings  to  be  kept  and  report  to  be 
made  to  mayor. — It  shall  be  the  duty  of  said  board  to  keep  a  rec- 
ord of  its  proceedings  and  of  its  receipts,  expenditures  and  opera- 
tions, and  shall  annually  render  a  full  and  complete  itemized  re- 
port, stating  the  condition  of  their  trust,  together  with  such  sug- 
gestions as  they  may  deem  of  general  interest  to  the  mayor  and 
common  council  of  said  cities,  and  the  county  courts  of  said  coun- 
ties: Provided,  said  board  shall  render  reports  concerning  re- 
ceipts, expenditures,  operations,  etc.,  whenever  called  for  by  the 
common  council  of  said  cities  or  the  county  court  of  said  coun- 
ties.    [R.  S.  1899,  Sec.  5068] . 

Sec.  6.  Duty  of  board  as  to  applicants  for  relief. — It  shall 
be  the  duty  of  said  board,  when  any  person  by  himself,  herself  or 
another  apply  for  relief,  to  make  immediate  inquiry  into  the  state 
and  circumstances  of  the  applicant,  and  if  it  shall  appear  that  he 
or  she  is  in  such  indigent  circumstances  as  to  require  temporary 
relief  the  said  board  shall  furnish,  out  of  the  funds  in  their  hands, 
such  relief  as  the  circumstances  of  the  case  may  require:  Pro- 
vided, that  in  all  cases  where  the  applicant  for  aid  may  be  found 
deserving,  and  said  applicant  or  a  member  of  said  applicant's 
family  is  an  able-bodied  male  person  capable  of  performing  man- 
ual labor,  said  board  shall  require  such  person  to  perform  work 
to  the  value  of  the  aid  given,  and  the  city  engineer  and  the  street 
commissioner  of  such  cities  in  their  respective  departments  are 
required  to  utilize  the  services  of  such  able-bodied  persons  upon 
receiving  notice  from  said  board  that  such  person  has  received  or 
is  entitled  to  such  aid.  Where  the  applicant  or  a  member  of  the 
applicant's  family  is  an  able-bodied  female  said  board  shall, 
whenever  practicable,  require  that  labor  to  the  value  of  the  aid 
given  be  performed.      [R.  S.  1899,  Sec.  5069]. 

Sec.  7.  Duty  of  police  commissioners  to  aid  charity  board. — 
It  shall  be  the  duty  of  the  boHi-d  of  police  commissioners  of  said 
cities  and  the  health  officers  of  said  cities  and  counties  to  render 
said  charity  board,  its  officers  or  agents,  such  aid  as  may  be  re- 
quested by  them  or  either  of  them,  whenever  such  aid  requested 
shall  reasonably  come  within  the  duties  of  said  police  board,  its 
agents  or  officers  or  of  the  health  officers  aforesaid.  [R.  S.  1899, 
Sec.  5070] . 


ART.  XXI. 


POLICE  FORCE. 


171 


ARTICLE     XXI. 


POLICE  FORCE— COMMISSIONERS. 


Section 

1.  City  ordinances  defined. 

2.  Charter   creating   office   of   chief 

of    police    repealed. 

3.  Boaid    of    police    commissioners 

established. 

Governor  to  appoint,  term  of 
office. 

Duties   of   commissioners. 

Appointment  of  permanent  po- 
lice force. 

Officers  and  policemen  —  sal- 
aries. 

Vacancit  s,    how   filled. 

Police  not  to  receive  extra 
money. 

Office  of  board,  police  districts 
and   station  houses. 

Police  force  to  pass  under  con- 
trol of  board. 


4. 


9. 


10. 


11. 


Section 

12.  Statement,  appropriations  there- 

on,  emergencies. 

13.  Penalty     for     resisting     enforce- 

ment of  act. 

14.  Persons   arrested   to   be   brought 

before  judge  of  police  court, 

15.  Board   to    keep   journal   of    their 

proceedings. 

16.  Members     of    force     officers     of 

both  city  and  state. 

17.  Regulations    of    private    watch- 

men. 

18.  Special     policemen     to     be     ap- 

pointed     on      recommendation 
of   humane   society. 

19.  Police  authorized  to  enforce  or- 

dinance   within    public    parks 
or  grounds. 


Section  1.  City  ordinances  defined. — The  common  council 
of  cities  of  tlie  second  class  is  hereby  empowered  and  authorized 
to  pass  all  needful  ordinances  for  preserving  order,  securing  prop- 
erty and  persons  from  violence,  danger  or  destruction,  protecting 
public  and  private  property,  and  for  promoting  the  general  inter- 
est and  insuring  the  good  government  of  such  city,  but  no  ordi- 
nance heretofore  passed,  or  that  may  hereafter  be  passed,  by  the 
common  council  of  any  such  city,  shall  in  any  manner  conflict  or 
interfere  with  the  powers  or  the  exercise  of  the  powers  of  the 
board  of  police  commissioners  of  such  city  as  hereinafter  created: 
nor  shall  such  city,  or  any  officer  or  agent  of  the  corporation  of 
such  city,  or  the  mayor  thereof,  in  any  manner  impede,  obstruct, 
hinder  or  interfere  with  the  said  board  of  police  commissioners, 
or  any  officer  or  agent  or  servant  therefor  or  thereunder.  [R.  S. 
1899,  Sec.  5703]. 


Sec.  2.     Charter  creating  office  of  chief  of  police  repealed. — 

So  much  of  the  charter,  laws  and  ordinances  of  cities  of  the  sec- 
ond class  as  authorize,  create  and  establish  the  office  of  chief  of 
police  of  such  cities,  and  provide  for  the  manner  of  filling  of  said 
office  of  chief  of  police,  and  so  much  of  the  charter  and  ordinances 


172  CHARTER. 

of  such  cities  as  authorize  tlie  common  council  and  the  mayor, 
or  either  of  them,  to  appoint,  pay  and  regulate  the  police  of  such 
cities  be  and  the  same  are  hereby  repealed.  [R.  S.  1899,  Sec. 
5704] . 

Sec.  3.  Board  of  police  commissioners  established. — There 
shall  be  and  is  hereby  established  within  and  for  cities  of  the 
second  class  a  board  of  police,  to  be  called  the  police  commission- 
ers of  the  city  of ,  to  consist  of  three  commis- 
sioners, as  hereinafter  provided.  Said  board  shall  appoint  one 
of  their  number  president,  who  shall  jjreside  at  all  meetings  of 
the  board.  The  said  commissioners  shall  be  citizens  of  the  state 
of  Missouri,  and  shall  have  been  residents  of  such  city  for  the  pe- 
riod of  two  years  prior  to  their  appointment ;  and  they  shall, 
except  as  hereinafter  provided,  hold  their  ofSces  for  three  years, 
and  until  their  respective  successors  are  appointed  and  qualified, 
and  shall  each  receive  a  salary  not  to  exceed  five  hundred  dol- 
lars per  annum,  payable  quarterly.  Before  entering  on  the  du- 
ties of  their  said  office  the  said  commissioners  shall  take  and  sub- 
scribe before  the  judge  of  the  circuit  court  of  the  county  in  which 
any  such  city  may  be,  or  the  clerk  thereof  in  vacation,  the  oath 
or  affirmation  prescribed  by  the  constitution  of  the  state  of  Mis- 
souri, and  they  shall  each,  also,  take  and  subscribe  before  the 
same  judge  or  clerk  the  further  oath  or  affirmation  that  in  any 
and  every  appointment  or  removal  to  be  by  them  made  to  or 
from  the  police  force  created,  and  to  be  organized  by  them  under 
section  6  of  this  article,  they  will  in  no  case,  and  under  no  pre- 
text, appoint  or  remove  any  policeman  or  officer  of  police  or  other 
person  under  them,  for  or  on  account  of  the  political  opinions  of 
such  policeman,  officer  or  other  person,  or  for  any  other  cause  or 
reason  than  the  fitness  or  unfitness  of  such  person,  in  the  best 
judgment  of  said  commissioners,  for  the  place  to  which  he  shall 
be  appointed,  or  from  which  he  shall  be  removed.  The  said 
oaths  or  affirmations  shall  be  recorded  and  preserved  among  the 
records  of  said  circuit  court.  One  of  their  own  number  shall  be 
appointed  from  time  to  time  by  said  commissioners,  treasurer  of 
said  board  of  police,  and  his  appointment,  when  made,  shall  be 
certified  to  the  clerk  of  the  circuit  court  of  such  county,  under 
the  seal  of  said  board.  Said  treasurer  shall  hold  his  office  for 
such  term  as  may  be  designated  by  the  commissioners,  who  may 
remove  him  at  pleasure,  and  he  shall  be  entitled  to  two  hundred 


ART.  XXI.  POLICE  FORCE.  173 

dollars  additional  compensation  per  annum  for  acting  in  that 
capacity.  Before  he  enters  on  the  duties  of  his  oiBfice  as  treas- 
urer he  shall  give  bond  to  the  state  of  Missouri,  with  one  or  more 
sureties,  in  the  penal  sum  of  twenty  thousand  dollars,  conditioned 
for  the  faithful  discharge  of  his  duties  as  treasurer  of  the  board 
of  police,  and  for  the  faithful  application  and  payment,  pursuant 
to  the  order  and  direction  of  said  board,  of  all  moneys  that  may 
come  to  his  hands  as  treasurer.  The  bond  of  the  treasurer  shall 
be  approved  by  the  judge  of  the  circuit  court  of  such  county, 
and  shall  be  delivered  to  and  safely  kept  by  the  comptroller  of 
such  city;  a  majority  of  the  board  of  police  shall  constitute  a 
quorum  for  the  transaction  of  business.  In  case  a  vacancy  shall 
occur  in  said  board  the  same  shall  be  filled  by  the  gOA^ernor  of 
the  state  of  Missouri  forthwith,  after  having  been  notified  that 
such  vacancy  exists.  Any  one  of  said  commissioners,  who,  dur- 
ing the  term  of  his  office,  shall  accept  any  other  place  of  public 
trust  or  emolument,  or  who,  during  the  same  period,  shall  know- 
ingly receive  any  nomination  for  an  elective  office  by  the  people 
without  publicly  declining  the  same  within  twenty  days  succeed- 
ing such  nomination,  shall  be  deemed  to  have  thereby  vacated 
his  office.  For  official  misconduct  any  of  said  commissioners 
may  be  removed  by  the  governor  of  the  state  of  Missouri  upon  his 
being  fully  satisfied  that  the  commissioner  or  commissioners 
charged  is  or  are  guilty  of  the  alleged  official  misconduct.  [R. 
S.  1899,  Sec.  5705].     (a) 

Sec.  4.  Governor  to  appoint — term  of  office. — The  governor 
of  the  state  of  Missouri  shall,  without  unnecessary  delay,  appoint 
three  commissioners,  the  senate  concurring  therein,  as  provided 
for  in  the  preceding  section;  and  said  commissioners  shall  hold 
their  office,  one  for  one  year,  one  for  two  years  and  one  for  three 
years  from  the  date  of  their  appointment  and  until  their  suc- 
cessors shall  have  been  appointed  and  qualified.  The  governor 
shall  issue  commissions  to  the  persons  so  appointed,  designating 
the  time  for  which  they  are  severally  appointed ;  and  whenever 
the  term  of  office  of  any  commissioner  expires  the  appointment 
of  his  successor  shall  be  for  three  years.     [R.  S.  1899,  Sec.  5706]. 

Sec.  5.  Duties  of  commissioners. — The  duties  of  the  board 
of  police  hereby  created  shall  be  as  follows:     They  shall  at  all 

(a)  Cannot  remove  officers  or  policemen  without  cause:     State  ex  rel.  v. 
Police  Commissioners,  14  App.  297;  S.  C.  88  Mo.  144. 


174  CHARTER. 

times  of  the  day  and  night,  within  the  boundaries  of  any  city  of 
the  second  class,  as  well  on  water  as  on  land,  preserve  the  public 
peace,  prevent  crime  and  arrest  offenders,  protect  the  rights  of 
person  or  property,  and  guard  the  public  health,  preserve  order  at 
every  public  election  and  at  all  the  public  meetings  and  places, 
and  on  all  public  occasions,  prevent  and  remove  nuisances  on  all 
streets,  alleys,  highways,  waters  and  other  places,  provide  a 
proper  police  force  at  every  fire  for  the  protection  of  firemen 
and  property,  protect  immigrants  and  travelers  at  steamboat 
landings  and  railway  stations;  see  that  all  laws  relating  to  elec- 
tions and  to  observance  of  Sunday,  and  relating  to  pawnbrokers, 
intemperance,  lotteries  and  lottery  policies,  vagrants,  disorderly 
persons,  are  enforced ;  and  suppress  gambling  and  bawdy  houses 
and  every  other  manner  and  kind  of  disorder  and  offense  against 
law  and  the  public  health.  They  shall  also  enforce  all  laws  and 
ordinances  passed  or  which  may  hereafter  be  passed  by  the  com- 
mon council  of  such  city,  not  inconsistent  with  the  provisions  of 
this  article  or  any  other  law  of  the  state  which  may  be  properly 
enforcible  by  a  police  force.  In  case  they  shall  have  reason  to 
believe  that  any  person  within  said  city  intends  to  commit  any 
breach  of  the  peace  or  violation  of  law  or  order  beyond  the  city 
limits,  or  any  person  charged  with  the  commission  of  crime  in 
such  city,  and  against  whom  criminal  process  shall  have  been  is- 
sued, such  person  may  be  arrested  upon  the  same  in  any  part  of 
this  state  by  the  police  force  created  or  authorized  by  section  6 
of  this  article :  Provided,  however,  that  before  the  person  so 
arrested  shall  be  removed  from  the  county  in  which  said  arrest 
is  made  he  shall  be  taken  before  some  judge  or  justice  of  the 
peace  of  that  county,  to  whom  the  papers  authorizing  such  arrest 
shall  be  submitted ;  and  the  person  so  arrested  shall  not  be  re- 
moved from  said  county,  but  shall  forthwith  be  discharged,  un- 
less such  judge  or  justice  of  the  peace  shall  approve  and  indorse 
said  papers.  The  said  police  commissioners,  or  either  of  them, 
shall  have  power  to  administer  oaths  of  affirmations  on  the  prem- 
ises to  any  person  appearing  or  called  before  them.  They  shall 
also  have  the  power  to  summon  and  compel  the  attendance  of 
witnesses  before  them  whenever  it  may  be  necessary  for  the  more 
effectual  discharge  of  their  duties.     [R.  S.  1899,  Sec.  5707].     (b) 

(b)  Mandamus  will  not  lie  to  compel  arrest  and  prosecution  for  viola- 
tions of  state  law:  State  ex  rel.  v.  Francis,  95  Mo.  44;  State  ex  rel. 
V.  Noonan,  59  App.  524. 


ART.  XXI.  POLICE  FORCE.  175 

Sec.  6.  Appointment  of  permanent  police  force. — To  enable 
said  board  to  perform  the  duties  imposed  upon  tliem  they  are 
hereby  authorized  and  required,  as  speedily  as  may  be,  to  appoint, 
enroll  and  employ  a  permanent  police  force  for  the  city  for  which 
they  are  appointed,  which  they  shall  equip  and  arm  as  they  may 
judge  necessary.  The  number  of  policemen  to  be  so  appointed 
and  employed,  exclusive  of  officers,  shall,  at  the  first  organization, 
be  not  exceeding  the  number  now  employed  by  the  corporate 
authorities  of  any  such  city,  but  the  common  council  of  such  city 
shall  have  power  to  increase  the  police  force  at  any  time  to  any 
number  recommended  by  the  board  of  police  commissioners ;  and 
said  commissioners  may  reduce  the  present  or  any  future  number 
of  police,  as  experience  may  warrant :  Provided,  however,  that 
for  extraordinary  emergencies  the  board  of  police  may  raise  such 
additional  force  as  the  exigencies  may,  in  their  judgment,  de- 
mand. No  person  shall  be  appointed  or  employed  as  regular 
policeman  or  officer  of  police  who  shall  have  been  convicted  of  or 
against  w^hom  any  indictment  may  be  pending  for  any  offense, 
the  punishment  for  which  may  be  confinement  in  the  state  peni- 
tentiary; nor  shall  any  person  be  so  appointed  who  is  of  noto- 
riously bad  character,  or  who  is  not  a  citizen  of  the  United  States, 
or  who  is  not  able  to  read  and  write  the  English  language,  or  who 
does  not  possess  ordinary  physical  courage.  The  policemen  shall 
be  employed  to  serve  for  three  years  and  be  subject  to  removal 
only  for  cause  after  a  hearing  by  the  board,  who  are  hereby  vested 
with  exclusive  jurisdiction  in  the  premises.  Any  policeman 
whose  term  of  service  shall  expire,  and  who  during  his  appoint- 
ment shall  have  faithfully  performed  his  duty  shall,  if  otherwise 
qualified,  be  preferred  by  the  board  in  making  their  new  ap- 
pointments.    [R.  S.  1899,  Sec.  5708]. 

Sec.  7.  Officers  and  policemen — salaries. — The  board  may, 
as  the  service  requires,  appoint  officers  and  patrolmen  as  follows : 
A  chief  of  police,  who,  in  addition  to  other  duties,  shall  perform 
the  same  duties  as  have  heretofore  been  performed  by  the  chief 
of  police,  not  inconsistent  w^ith  the  provisions  of  this  article,  and 
who  shall  give  bond,  with  security  to  be  approved  by  the  board, 
in  the  penal  sum  of  $10,000  conditioned  for  the  faithful  perform- 
ance of  his  duties,  whose  salary  shall  be  $2,100.00  per  annum; 
one  captain  for  each  district  at  a  salary  of  $1,350.00  per  annum; 
sergeants  not  to  exceed  two  for  each  police  district  at  a  salary 


176  CHARTER. 

of  $1,080.00  each  per  annum;  a  secretary  of  the  board  at  a  salary 
of  $1,200.00  per  annum ;  a  chief  of  detectives  at  a  salary  of 
$1,080.00  per  annum.  The  salary  of  regular  patrolmen  shall  be 
not  less  than  $720.00  nor  more  than  $900.00  each  per  annum,  and 
probationary  patrolmen  shall  be  at  the  rate  of  not  less  than 
$600.00  nor  more  than  $720.00  per  annum.  The  board  may  ap- 
point a  police  matron  at  a  salary  of  $600.00  per  annum;  police 
signal  operatoi'S  not  to  exceed  three  for  each  police  station  at  a 
salary  not  to  exceed  $600.00  per  annum;  drivers  not  exceeding 
two  for  each  police  station  at  a  salary  of  $780.00  each  per  annum. 
[Laws  of  1903,  page  75]. 

Sec.  8.  Vacancies,  how  filled. — Whenever  any  vacancy  shall 
take  place  in  any  grade  of  officers  except  the  chief,  it  shall  be  filled 
from  the  next  lowest  grade,  if  competent  men  can  be  found  there- 
in. The  said  board  of  police  is  hereby  authorized  to  make  and 
enforce  all  such  rules  and  regulations  not  inconsistent  with  this 
article  as  they  may  deem  necessary  for  the  appointment,  employ- 
ment, uniforming,  discipline,  trial  and  government  of  the  police, 
and  for  the  relief  and  compensation  of  members  of  the  police 
force  injured  in  person  or  property  in  the  discharge  of  their 
duty,  and  the  families  of  the  officers  or  men  killed  whilst  in  such 
discharge  of  duty:  Provided,  that  such  allowance  shall  not  ex- 
ceed in  any  one  instance  twelve  months'  pay.  The  said  board 
shall  also  have  power  to  require  of  any  officer  or  policeman  a 
bond,  with  security,  whenever  they  may  consider  it  demanded 
by  the  public  interest.  All  lawful  rules  and  regulations  made 
by  the  board  shall  be  obeyed  by  the  police  force  on  pain  of  dis- 
missal, or  such  lighter  punishment,  either  by  suspension,  fine,  re- 
duction or  forfeiture  of  pay,  or  otherwise,  as  the  board  may  ad- 
judge.    [R.  S.  1899,  Sec.  5712]. 

Sec.  9.     Officers  and  policemen  not  to  receive  extra  money. — 

No  officer  or  policeman  shall  be  allowed  to  receive  any  money  or 
gratuity  or  compensation  for  any  service  he  may  render,  without 
the  consent  of  said  board ;  and  all  such  moneys  as  any  police- 
man or  police  officer  may  be  so  permitted  to  receive  shall  be  paid 
over  to  the  board,  and  all  such  moneys  over  and  above  the  amount 
or  amounts  which  the  board  may  allow  any  policeman  or  police- 
men, or  officer  or  officers,  out  of  any  moneys  received  by  him  or 
them  as  compensation  for  services  rendered  by  him  or  them,  to- 


ART.  XXI.  POLICE  FORCE.  177 

gether  with  the  proceeds  of  all  fines  and  unreclaimed  property 
which  may  come  to  the  possession  of  the  board  or  be  received  by 
them  under  the  provisions  of  this  section,  or  any  other  law  or  or- 
dinance, shall  be  paid  into  the  city  treasury.  [R.  S.  1899,  Sec. 
5713]. 

Sec,  10.  Office  of  board — police  districts  and  station  houses. 
— The  common  council  of  such  city  shall  be  and  they  are  hereby 
authorized  to  provide  said  board  with  an  office  and  office  furni- 
ture, as  they  may  need.  Said  board  shall  have  and  use  a  com- 
mon seal.  Said  board  shall  have  the  power  to  appoint  their  sec- 
retary, who  shall  receive  a  salary  of  not  less  than  one  thousand 
dollars  nor  more  than  twelve  hundred  dollars  per  annum,  and 
said  board  shall  appoint  such  other  subordinates  as  they  may 
need  at  such  compensation  as  may  be  fixed  by  the  board.  Said 
board  may  divide  the  city  into  the  needful  number  of  police  dis- 
tricts, and  provide  each  of  them,  if  necessary,  a  station  house 
or  houses,  with  all  things  and  attendants  required  for  the  same, 
and  all  such  other  accommodations  as  may  be  required  for  the  use 
of  the  police.  The  said  board,  for  all  the  purposes  of  this  arti- 
cle, shall  have  the  use  of  all  station  houses,  watch-boxes,  firearms, 
equipments,  accoutrements  and  other  accommodations  and  things 
heretofore  provided  by  such  city  for  the  use  and  service  of  the 
police,  as  fully  and  to  the  same  extent  as  the  same  are  now  and 
may  be  used  by  or  for  the  present  police  force;  and  the  mayor 
and  common  council,  and  all  persons  and  municipal  officers  in 
charge  thereof  are  hereby  ordered  and  required  to  allow  such  use 
accordingly.  In  case  the  said  mayor  and  common  council  of 
said  city,  or  their  officers  or  agents,  refuse  or  neglect  to  allow 
such  use  when  the  same  shall  be  required  by  said  board,  the  said 
board  may  apply  to  the  circuit  court  of  the  county  in  which  the 
city  is,  in  the  name  of  the  state  of  Missouri,  for  a  mandamus  to 
compel  a  compliance  with  the  provisions  of  this  section,  and  the 
application  therefor  shall  be  heard  and  decided  by  said  court. 
One  week's  notice  of  the  application  shall  be  given,  and  the  re- 
spondent or  respondents  shall  have  the  right  to  answer  within 
one  week,  and  if  testimony  be  needed  on  either  side  the  same 
shall  be  taken  within  ten  days  after  the  answer  is  filed  or  the  said 
week  shall  have  expired.  Prom  the  decision  of  the  circuit  court 
in  the  premises  either  party  may  appeal  within  ten  days ;  and  it 
shall  be  the  duty  of  the  clerk  of  said  court  to  send  up  the  record 

IS 


178  CHARTER. 

immediately,  and  the  appeal  shall  be  heard  by  the  supreme  court, 
if  then  in  session,  and  if  not  in  session,  at  the  next  term.  In  both 
courts  the  case  shall  be  taken  up  and  tried  in  preference  to  all 
others.     [R.  S.  1899,  See.  5714]. 

Sec.  11.  Police  force  to  pass  under  control  of  board. — So 
soon  as  the  board  created  by  section  3  of  this  article  shall  hold 
their  first  meeting  it  shall  be  their  duty  to  inform  the  chief  of 
police  and  the  other  officers  of  the  police  force  of  such  city  that 
they  require  their  attendance  upon  them  and  obedience  to  their 
orders.  For  failure  to  attend  as  required,  and  for  each  and  every 
failure  to  obey  the  lawful  orders  of  said  board,  the  officers  so  no- 
tified shall  be  fined  in  any  sum  not  exceeding  five  hundred  dol- 
lars, to  be  recovered  by  action  at  law  instituted  by  said  board, 
in  the  name  of  the  state.  From  and  after  the  first  meeting  afore- 
said the  whole  of  the  then  existing  police  force  in  such  city,  both 
officers  and  men,  shall  pass  under  the  exclusive  management  and 
control  of  the  said  board,  and  be  subject  to  no  other  control,  and 
entitled  to  receive  neither  orders  nor  pay,  except  arrearages  then 
due,  from  any  other  authority ;  and  shall  so  continue,  subject, 
however,  to  removal  or  suspension,  at  the  discretion  of  said 
board,  and  with  the  power  in  said  board  to  fill  vacancies,  until 
said  board  shall  publicly  declare  that  the  organization  of  the 
police  force  created  by  section  6  of  this  article  is  complete.  Upon 
such  public  declaration,  and  from  the  time  thereof  thencefor- 
ward, all  ordinances  of  such  city  are  hereby  declared  null  and 
void,  so  far  as  they  conflict  with  this  article  or  assume  to  confer 
upon  the  mayor,  chief  of  police,  common  council,  or  any  other 
person  or  persons  the  power  to  appoint,  dismiss,  or  in  any  way  or 
to  any  extent  employ  or  control  any  police  force  organized  or  to 
be  organized  under  such  ordinances,  or  any  of  them,  and  from  and 
after  such  public  declaration  as  aforesaid,  the  police  force  or- 
ganized, or  which  may  be  organized  under  such  ordinances,  or 
any  of  them,  shall  cease  to  exist,  and  its  functions  and  powers 
be  at  an  end.     [R.  S.  1899,  Sec.  5715]. 

Sec.  12.  Statement — appropriations  thereon.— It  shall  be  the 
duty  of  said  board,  with  all  convenient  speed,  after  qualifying  as 
aforesaid,  and  annually  thenceforward,  to  estimate  what  sum  of 
money  will  be  necessary  for  each  current  fiscal  year,  to  enable 
them  to  discharge  the  duties  hereby  imposed  upon  them,  and 


ART.  XXI.  POLICE  FORCE.  179 

they  shall  forthwith  certify  the  same  to  the  common  council  of 
such  city,  who  are  hereby  required  in  each  monthly  appropriation 
or  ordinance  of  that  fiscal  year  to  set  apart  and  appropriate  the 
one-twelfth  part  of  the  amount  so  certified,  which  sum  shall  at 
once  be  paid  by  the  city  treasurer  to  the  treasurer  of  the  board 
of  police  upon  a  warrant  drawn  by  the  president,  and  counter- 
signed by  the  comptroller :  Provided,  that  if  the  said  board  shall 
be  required  to  create  an  extra  police  force,  as  provided  in  section  6 
hereof,  and  the  expense  of  such  extra  force  be  contemplated  in 
their  said  estimate,  they  shall  immediately  certify  the  expense  of 
such  additional  force  to  the  common  council,  who  are  hereby 
required,  as  soon  as  possible,  to  set  apart  and  appropriate  the 
additional  amount  so  required,  agreeably  to  this  section.  The 
said  board  of  police,  upon  and  after  having  qualified  as  afore- 
said, are  hereby  authorized  to  make  requisition  from  time  to 
time  upon  the  mayor,  auditor,  treasurer,  comptroller  or  other 
proper  disbursing  officer  or  officers  of  the  corporation  of  such 
city  for  such  sums  as  they  may  deem  necessary  for  executing 
their  duties  under  this  article,  and  the  sums  so  required  shall  be 
paid  by  said  proper  disbursing  officer  or  officers  out  of  any  money 
in  the  city  treasury  not  otherwise  appropriated:  Provided,  also, 
that  the  amount  so  required  or  drawn  shall  not  exceed  in  any 
one  year  the  amount  certified  as  aforesaid,  to  the  common  council 
for  that  year,  including  any  additional  amount  which  may  have 
been  ordered  by  said  common  council  to  be  paid  for  or  on  ac- 
count of  any  extra  police  force  as  hereinbefore  provided;  that 
the  common  council  of  such  city  shall  have  no  power  or  au- 
thority to  levy  or  collect  any  tax  or  appropriate  and  disburse  any 
money  for  the  payment  of  any  police  force  other  than  that  to 
be  organized  or  employed  under  this  article,  and  the  power  of 
the  mayor  and  common  council  of  such  city  to  appropriate  and 
disburse  money  for  the  payment  of  the  police  force  to  be  organ- 
ized or  employed  under  this  article  shall  be  exercised  as  in  this 
section  directed,  and  not  otherwise.      [R.  S.  1899,  Sec.  5716]. 

Sec.  13.     Penalty  for  resisting  enforcement  of  this  law. — Any 

officer  or  servant  of  the  mayor  or  common  council  of  such  city, 
or  other  person  whomsoever,  who  shall  forcibly  resist  or  obstruct 
the  execution  or  enforcement  of  any  of  the  provisions  of  this 
article  providing  a  permanent  police  force  for  such  city,  or  relat- 
ing to  the  same,  or  who  shall  hinder  or  obstruct  the  organization 


180  CHARTER. 

of  said  board  of  police,  or  the  police  force  herein  provided  to  be 
organized,  or  who  shall  maintain,  control,  or  attempt  to  main- 
tain and  control,  the  existing  police  force  of  said  city,  or  any 
part  thereof,  or  any  other  police  force  under  the  ordinances  and 
acts  herein  and  hereby  repealed,  except  as  herein  provided,  shall 
be  liable  to  a  penalty  of  one  thousand  dollars  for  each  and  every 
such  offense,  recoverable  by  the  board  by  action  at  law  in  the 
name  of  the  state  of  Missouri,  and  shall  forever  thereafter  be  dis- 
qualified from  holding  or  exercising  any  office  or  employment 
whatever  under  the  mayor  or  common  council  of  such  city  under 
this  article :  Provided,  however,  that  nothing  in  this  section  shall 
be  construed  to  interfere  with  the  punishment  under  any  existing 
or  any  future  law  of  the  state  of  any  criminal  offense  which  may 
be  committed  by  the  said  parties  in  or  about  the  resistance,  ob- 
struction, hindrance,  conspiracy,  combination  or  disbursement 
aforesaid.     [R.  S.  1899,  Sec.  5717]. 

Sec.  14.     Persons  arrested  to  be  brought  before  police  judge. 

— The  commissioners  of  police  shall  cause  all  persons  arrested 
by  the  police  to  be  brought  before  the  judge  of  the  police  court, 
[R.  S.  1899,  Sec.  5718]. 

Sec.  15.  Board  to  keep  journal  of  proceedings. — The  board 
shall  cause  a  full  journal  of  their  proceedings  to  be  kept,  and 
shall  also  cause  all  their  receipts  and  disbursements  of  money  to 
be  faithfully  entered  in  books  to  be  procured  and  kept  for  that 
purpose,  and  said  journal  and  all  of  said  books  and  all  other  doc- 
uments in  the  possession  of  said  board  shall  always  be  open  to 
the  inspection  of  the  general  assembly  of  the  state  of  Missouri, 
the  common  council  of  such  city,  or  any  committee  appointed  by 
them  for  said  purpose.  It  shall  be  the  duty  of  the  board  to  re- 
port to  the  common  council  of  such  city,  at  least  once  a  year, 
the  number  and  expense  of  the  police  force  employed  by  them 
under  this  article,  and  all  such  other  matters  as  may  be  of  public 
interest  in  connection  with  the  duties  assigned  them  hereby.  [R. 
S.  1899,  Sec.  5719]. 

Sec.  1G.  Members  of  force  officers  of  both  city  and  state. — 
The  members  of  the  police  force  of  such  city,  organized  and  ap- 
pointed by  the  police  commissioners  of  said  city  under  this  arti- 
cle, are  hereby  declared  to  be  officers  of  such  city  under  the  char- 
ter and  ordinances  of  such  city,  and  also  to  be  officers  of  the  state 


ART.  XXI.  POLICE  FORCE.  181 

of  Missouri,  and  shall  be  so  deemed  and  taken  in  all  courts  having 
jurisdiction  of  offenses  against  the  laws  of  this  state  or  the  ordi- 
nances of  said  city.      [R.  S.  1899,  Sec.  5720] . 

Sec.  17.  Regulation  of  private  watchmen. — The  board  of 
police  commissioners  shall  have  full  power  to  regulate  and  license 
all  private  watchmen  and  private  policemen  serving  or  acting  as 
such  on  any  street,  alley,  wharf,  or  other  public  place  in  said  city, 
and  no  person  shall  so  serve  or  act  as  a  private  watchman  or 
private  policeman  in  said  city  without  the  written  license  of  said 
board  first  had  and  obtained,  on  pain  of  punishment  for  a  mis- 
demeanor.    [R.  S.  1899,  See.  5721]. 

Sec.  18.  Special  policemen  to  be  appointed  on  recommen- 
dation of  humane  societies. — In  cities  wherein  an  incorporated 
society  for  the  prevention  of  cruelty  to  animals  exists,  known  as 
the  Humane  Society,  and  the  same  city  having  the  metropolitan 
police  system,  it  shall  be  the  duty  of  the  board  of  police  of  said 
city  to  appoint  one  special  officer,  to  be  recommended  by  the 
humane  society  of  said  city,  whose  term  of  office  and  wages  shall 
be  the  same  as  that  of  a  regular  policeman.  The  said  special  of- 
ficer shall  be  subject  to  the  authority  of  the  board  of  police,  but 
ununiformed  in  costume,  but  shall  wear  over  his  left  breast  the 
badge  adopted  by  the  humane  society  which  he  represents.  [R. 
S.  1899,  Sec.  6168]. 

Sec.  19.  Police  authorized  to  enforce  ordinance  within  pub- 
lic parks  or  grounds. — In  all  cities  of  the  second  class  the  police 
department  is  authorized  and  empowered  to  enforce  all  ordi- 
nances of  the  city  violated  within  public  parks  or  grounds  be- 
longing to  the  city,  but  located  outside  of  its  limits,  in  the  same 
manner  and  with  the  same  effect  as  if  located  within  the  corporate 
limits  of  the  city.      [R.  S.  1899,  Sec.  5722]. 


182  CHARTER. 


ARTICLE    XXII. 


PUBLIC   WORK— BONDS   OF   CONTRACTORS   FOR. 


Section 

1.     Contractors  for  public  works  re- 
quired to  execute  bonds. 


Skction 

2.  Who  may  sue  on  such  bond, 
copy  of  bond  sufficient  evi- 
dence of  its  execution. 


Section  1.     Contractors  for  public  works  required  to  execute 

bonds. — -All  counties,  cities,  towns  and  school  districts  making 
contracts  for  public  work  of  any  kind  to  be  done  for  such  county, 
city,  town  or  school  district  shall  require  every  contractor  to 
execute  a  bond  with  good  and  sufficient  securities,  and  such  bond, 
among  other  conditions,  shall  be  conditioned  for  the  payment  for 
all  material  used  in  such  work,  and  all  labor  performed  on  such 
work,  whether  by  sub-contract  or  otherwise.  [R.  S.  1899,  Sec. 
6761].     (a) 

Sec.  2.  Who  may  sue  on  such  bond — copy  of  bond  sufficient 
evidence  of  its  execution. — Every  person  furnishing  material  or 
performing  labor  for  any  contractor  with  any  county,  city,  town 
or  school  district  where  bond  shall  be  executed  as  provided  in 
section  1  shall  have  the  right  to  sue  on  such  bond,  in  the  name  of 
such  county,  city,  town  or  school  district,  for  his  use  and  benefit ; 
and  in  such  suit  it  shall  be  sufficient  to  file  a  copy  of  such  bond, 
certified  by  the  clerk  or  secretary  of  such  county,  city,  town  or 
school  district,  which  copy  shall,  unless  execution  thereof  be  de- 
nied under  oath,  be  sufficient  evidence  of  execution  and  delivery 
of  the  original :  Provided,  however,  that  this  act  shall  not  be 
taken  to  in  any  way  make  such  county,  city,  town  or  school  dis- 
trict liable  to  such  sub-contractor,  material  man  or  laborer  to 
any  greater  extent  than  it  is  liable  under  the  law  as  it  now  stands. 
[R.  S.  1899,  Sec.  6762]. 

(a)  Glencoe  Lime  &  Cement  Co.  v.  Wind,  86  App.  163;  Diners  v.  Howard, 
88  App.  253. 


ART.  XXIII.  FRANCHISES— SALE  OF.  183 


ARTICLE    XXIII. 

FRANCHISES— SALE  OF. 


Section 


1.  Franchises   to   be   sold   at   public 

auction. 

2.  Notice  of  sale  to  be  published. 


Section 

3.  Purchaser      to      give      approved 

bond. 

4.  Authorities  may  reject  bids. 


Section  1.     i-raiichises  to  be  sold  at  public  auction. — The 

public  authorities  of  every  county,  city,  village  or  other  municipal 
or  public  corporation,  to  whom  application  may  be  made  by  any 
private  company,  copartnership,  corporation,  individual  or  indi- 
viduals, for  consent  to  the  construction,  extension,  maintenance, 
occupation  or  use  of  any  electric  lighting  plant,  or  plant  for  the 
generating,  transmission,  sale  or  use  of  electricity;  gas  lighting 
plant ;  street  railway,  or  railroad  for  the  transportation  of  either 
freight,  passengers  or  mails ;  telephone  or  telegraph  plant,  or  plant 
for  supplying  water,  above,  across,  along,  beneath  or  through  any 
highway,  road,  avenue,  alley,  park,  square,  street  or  other  public 
lands,  must  provide,  as  a  condition  precedent  to  the  granting  of 
such  consent,  that  the  franchise,  privilege  and  right  of  such  occu- 
pation and  use  of  any  such  public  places  for  any  such  private 
purposes  shall  be  sold  at  public  auction  to  the  responsible  bidder 
who  will  give  the  largest  percentage  yearly  of  the  gross  receipts 
derived  from  such  occupation  and  use,  with  adequate  security, 
as  hereinafter  provided,  for  the  payment  thereof  and  for  the 
prompt  construction  and  completion  of  the  proposed  plant :  Pro- 
vided, that  such  payment  shall  in  no  case  be  less  than  two  per 
cent  of  the  gross  earnings  during  the  first  five  years  of  such  occu- 
pation and  use,  and  thereafter,  for  each  period  of  five  years,  such 
percentage  shall  be  increased  to  correspond  with  the  increase  in 
value  of  the  land  thus  occupied  and  used.  [R.  S.  1899,  Sec. 
6497].     (a) 

Sec.  2.     Notice  of  sale  to  be  published. — ^Prior  to  any  such 
sale,   notice   of  the   time,   place,   manner,   conditions   and  terms 

(a)  This  act  held  to  be  void  for  uncertainty,  and  because  it  is  not  sus- 
ceptible of  any  construction  tnat  will  enable  the  courts  to  carry  out 
its  provisions:      State  ex  inf.  v.  Street  Ry.  Co.,  146  Mo.  155. 


184  CHARTER. 

thereof,  with  a  description  of  the  lands  to  be  thus  occupied  and 
used,  the  duration  of  such  occupation  and  use,  and  of  the  time 
within  which  such  plant  must  be  constructed,  completed  and  put 
in  operation,  shall  be  published  at  least  once  a  week  for  at  least 
four  weeks,  in  two  newspapers  to  be  designated  by  the  public 
authorities  whose  consent  is  thus  applied  for  and  sought.  [R.  S. 
1899,  See.  6498]. 

Sec.  3.  Purchaser  to  give  approved  bond. — The  security 
required  by  this  act  shall  be  a  bond  in  such  amount,  condition, 
form  and  sureties  as  the  public  authorities,  whose  consent  is  thus 
applied  for  and  sought,  shall  require  and  approve :  Provided, 
that  nothing  in  this  act  shall  be  construed  to  take  away  or  im- 
pair the  right  of  such  public  authorities  to  impose  any  other  rea- 
sonable conditions  and  terms,  as  a  condition  to  such  occupation 
and  use,  in  addition  to  the  payment  of  such  percentage ;  but  such 
conditions  and  terms  shall  be  reasonably  set  forth  in  such  notice, 
and  such  bond  shall  be  conditioned,  as  well  as  for  a  compliance 
with  such  conditions  and  terms,  as  for  the  payment  of  such  per- 
centage ;  and  provided  further,  that  the  relation  existing  between 
any  such  public  corporation  and  all  private  companies,  copart- 
nerships, corporations,  individual  or  individuals,  who  occupy  or 
use  any  of  its  lands,  as  aforesaid,  shall  be  deemed  and  taken  to  be, 
and  shall  be,  that  of  landlord  and  tenant ;  and  such  public  corpora- 
tion shall  have,  under  this  act,  a  paramount  lien  on  all  the  fran- 
chises and  property  of  the  party  occupying  and  using  such  public 
lands,  and  shall  have  all  other  rights  and  remedies  now  by  law 
given  to  landlords,  either  to  recover  delinquent  rent  or  to  recover 
possession  of  the  rented  lands.     [R.  S.  1899,  Sec.  6499]. 

Sec.  4.  Authorities  may  reject  bids. — Nothing  in  this  act 
shall  be  construed  to  prohibit  the  public  authorities  of  such 
county,  city,  village  or  other  municipal  or  public  corporation  from 
rejecting  any  and  all  bids.     [R.  S.  1899,  Sec.  6500]. 


ART.  XXIV. 


WATERWORKS. 


18& 


ARTICLE     XXIV. 


WATER,  GAS,  ELECTRIC,  TELEPHONE  AND  TELEGRAPH  PLANTS. 


Section 

1.  A  system  of  waterworks  may  be 

established. 

2.  Existing  grant  not   to  be   inter- 

fered with. 

3.  May    own    and    operate    water, 

gas  and   electric  light  works. 

4.  Electric    light    companies,    cities 

may    authorize    to    set    poles, 
etc. 


Section 

5.  Telephone    and    telegraph    com- 

panies,      privileges      in       con- 
structing line. 

6.  Telephone    and    telegraph    lines, 

mode   of  construction   may  be 
directed,  by  whom. 


Section  1.  Waterworks — system  may  be  established. — The 
common  council  shall  have  the  exclusive  right  to  erect,  maintain 
and  operate  waterworks  within  the  limits  of  the  city,  and  to  reg- 
ulate the  same ;  to  prescribe  the  rates  at  which  water  shall  be 
charged  to  the  inhabitants  of  such  city  when  taken  from  said 
works,  and  acquire,  by  purchase,  donation  or  condemnation,  suit- 
able grounds,  within  or  without  the  city,  upon  which  to  erect 
waterworks,  and  the  right  of  way  to  and  from  said  works,  and 
also  the  right  of  way  for  laying  water  pipe  within  the  limits  of 
said  city,  all  of  which  shall  be  done  in  such  manner  as  prescribed 
by  ordinance :  Provided,  that  the  mayor  and  council  may,  in 
their  discretion,  grant  the  right  to  any  person  or  persons  to  erect 
waterworks  and  lay  down  pipes  for  the  use  of  said  city  and  its 
inhabitants  upon  such  terms  as  the  common  council  may  by  ordi- 
nance prescribe:  Provided,  that  such  right  shall  not  extend  for 
a  longer  period  than  twenty  years,  and  shall  not  be  granted  nor 
shall  be  renewed  unless  by  the  consent  of  a  majority  of  the  qual- 
ified voters  of  said  city,  to  be  ascertained  at  an  election  held  for 
such  purpose :  Provided,  that  when  water  shall  be  taken  by  in- 
dividuals from  any  waterworks  not  owned  by  such  city,  the 
mayor  and  common  council  shall  have  the  right,  by  ordinance, 
from  time  to  time,  to  fix  the  rates  to  be  charged  therefor.  [R.  S. 
1899,  Sec.  5692]. 

Sec.  2.  Existing  grant  not  to  be  interfered  with.—*  *  * 
In  case  the  right  to  erect  and  operate  waterworks  has  been  or 


186  CHARTER. 

may  be  granted  to  any  person  or  persons  or  corporation,  no  modi- 
fications of  the  terms  and  conditions  of  the  original  grant  or  con- 
tract therefor,  nor  any  new  contract,  shall  be  made  by  which  the 
obligations  or  liabilities  of  the  grantee  or  grantees  of  such  right 
shall  be  lessened  or  released,  or  the  obligation  or  liabilities  of  the 
city  be  increased,  unless  the  modification  or  new  contract  be 
approved  by  the  qualified  electors  of  the  city,  in  the  same  mode 
and  manner  as  was  or  may  be  necessary  to  the  validity  of  the 
original  grant.     [R.  S.  1899,  Sec.  5524] . 

Sec.  3.  May  own  and  operate  water,  gas  and  electric  light 
works. — The  city  council  of  any  city,  town  or  village  in  this  state 
shall  have  the  power  to  erect,  maintain  and  operate  waterworks, 
or  to  acquire  waterworks  by  purchase,  and  to  operate  and  main- 
tain the  same,  and  to  supply  the  inhabitants  thereof  with  water : 
to  erect,  maintain  and  operate  gas  and  power  plants,  electric  light 
plants,  or  any  other  kind  of  plant  or  device  for  lighting  purposes, 
or  to  acquire  and  own  the  same  by  purchase,  and  to  maintain  and 
operate  such  plants,  and  to  supply  the  inhabitants  of  such  cities, 
towns  and  villages  with  light  and  power  therefrom.  [R.  S.  1899, 
See.  6487]. 

Sec.  4.  Electric  light  companies,  cities  may  authorize  to  set 
poles,  etc. — Any  city,  town  or  village  in  this  state  may,  by  ordi- 
nance, authorize  any  company  organized  for  the  purpose  of  sup- 
plying light  or  power  by  electricity,  and  incorporated  under  the 
laws  of  this  state,  to  set  its  poles,  piers,  abutments,  wires  and  other 
fixtures  along,  across  or  under  any  of  the  public  roads,  streets, 
alleys  or  public  places  within  such  city,  town  or  village,  subject 
to  such  rules,  regulations  and  conditions  as  shall  be  expressed  in 
said  ordinance.      [R.  S.  1899,  Sec.  6501].     (a) 

Sec.  5.  Telephone  and  telegraph  companies,  privileges  in 
constructing  line. — Companies  organized  under  the  provisions  of 
this  article,  for  the  purpose  of  constructing  and  maintaining  tele- 
phone or  magnetic  telegraph  lines,  are  authorized  to  set  their 
poles,  piers,  abutments,  wires  and  other  fixtures  along,  across  or 
under  any  of  the  public  roads,  streets  and  waters  of  this  state,  in 

<a)  Right  of  city  to  compel  placing  of  wires  underground:     State  ex  rel. 
V.  Murphy,  130  Mo.  10. 


ART.  XXIV.  WATERWORKS.  187 

such  manner  as  not  to  incommode  the  public  in  the  use  of  such 
roads,  streets  and  waters :  Provided,  any  tele^^raph  or  telephone 
company  desiring  to  place  their  wires,  poles  and  other  fixtures, 
in  any  city,  they  shall  first  obtain  consent  from  said  city  through 
the  municipal  authorities  thereof.      [Laws  of  1903,  page  137]. 

Sec.  6.  Telephone  and  telegraph  lines,  mode  of  construction 
may  be  directed,  by  whom. — The  mayor  and  aldermen  or  board 
of  common  council  of  any  city,  and  the  trustees  of  any  incorpor- 
ated town,  through  which  the  lines  of  any  telephone  or  telegraph 
company  are  to  pass,  may,  by  ordinance  or  otherwise,  specify 
where  the  posts,  piers  or  abutments  shall  be  located,  the  kind  of 
posts  that  shall  be  used,  the  height  at  which  the  wires  shall  be 
run ;  and  such  company  shall  be  governed  by  the  regulations  thus 
prescribed;  and  after  the  erection  of  said  telephone  or  telegraph 
lines,  the  said  mayor  and  aldermen,  or  board  of  common  council, 
and  the  trustees  of  any  incorporated  town,  shall  have  power  to 
direct  any  alteration  in  the  location  or  erection  of  said  posts,  piers 
or  abutments,  and  also  in  the  height  at  which  the  wires  shall  run, 
having  first  given  such  company  or  its  agents  opportunity  to  be 
heard  in  regard  to  such  alteration.      [R.  S.  1899,  Sec.  1260]. 


188 


CHARTER. 


ARTICLE     XXV 


RAILROADS. 


Section 

1.     Raihoad    to    pave    street    cross- 
ings, when. 


toECTION 

2.     Notice,      when  given — cost      of 

construction  to    be    collected, 
how. 


Section  1.  Railroad  to  pave  street  crossings,  when. — When- 
ever any  city,  town  or  village  in  this  state,  vhether  acting  under 
special  charter  or  organized  under  the  general  incorporation  laws 
relating  to  cities,  towns  and  villages,  shall,  by  ordinance  duly 
enacted,  order  any  street,  alley,  avenue,  public  highway  or  side- 
walk now  existing  therein,  or  which  may  hereafter  be  created 
and  opened  for  public  use,  or  any  part  or  parts  thereof,  to  be 
graded,  constructed,  reconstructed,  paved,  guttered,  curbed  or 
otherwise  improved  or  repaired,  it  shall  be  the  duty  of  every 
railroad  corporation  owning,  operating  or  leasing  any  railroad 
which  crosses,  abuts  or  adjoins  any  such  street,  alley,  avenue, 
public  highway  or  sidewalk,  to  grade,  construct,  reconstruct, 
pave,  gutter,  curb  or  otherwise  improve  and  repair  the  part  or 
parts  of  said  street,  alley,  avenue,  public  highway  or  sidewalk 
upon  which  the  right  of  way  of  said  railroad  so  crosses,  abuts 
or  adjoins,  to  the  same  extent,  of  like  materials  and  of  as  good 
quality,  as  such  city,  town  or  village  has  required,  or  shall  in 
such  ordinance  require,  of  the  other  property  owners  abutting 
upon  said  street,  alley,  avenue,  public  highway  or  sidewalk  in  the 
grading,  constructing,  reconstructing  or  otherwise  improving  or 
repairing  of  said  street,  alley,  avenue,  public  highway  or  side- 
walk.    [Laws  of  1905,  page  100]. 


Sec  2.  Notice,  when  given — cost  of  construction  to  be  col- 
lected, how. — If  any  such  railroad  corporation  fail,  neglect  or  re- 
fuse to  grade,  construct,  reconstruct,  pave,  gutter,  curb,  or  other- 
wise improve  or  repair  any  such  street,  alley,  avenue,  public  high- 
way or  sidewalk,  or  part  or  parts  thereof,  as  provided  in  the 
foregoing  section,  the  city,  town  or  village  ordering  any  such 
work  to  be  done,  or  the  authorities  thereof  having  legal  control 


ART.  XXV.  RAILROADS.  189 

or  charge  of  said  street,  alley,  avenue,  public  highway  or  side- 
walk therein,  shall  notify  such  railroad  corporation  to  grade, 
construct,  reconstruct,  pave,  gutter,  curb,  or  otherwise  improve 
or  repair  the  part  or  parts  of  any  such  street,  alley,  avenue, 
public  highway,  or  sidewalk  in  accordance  with  the  terms  of  the 
ordinance  requiring  the  same  to  be  done,  which  notice  shall  be 
in  writing  and  shall  be  served  by  delivering  a  copy  of  the  same 
to  the  station  agent  of  said  railroad  corporation  nearest  to  the 
street,  alley,  avenue,  public  highway  or  sidewalk  over  or  upon 
which  said  railroad  crosses,  abuts  or  adjoins.  Upon  the  service 
of  such  notice,  if  such  railroad  corporation  fail,  neglect  or  refuse 
to  grade,  construct,  reconstruct,  pave,  gutter,  curb  or  otherwise 
improve  or  repair  any  such  street,  alley,  avenue,  public  highway 
or  sidewalk,  as  above  provided,  within  thirty  days  from  the  ser- 
vice of  said  notice,  said  city,  town  or  village,  or  the  authorities 
thereof  having  in  charge  the  streets,  alleys,  avenues,  public  high- 
ways or  sidewalks  therein,  may  proceed  to  grade,  construct,  re- 
construct, pave,  gutter,  curb  or  otherwise  improve  or  repair  said 
street,  alley,  avenue,  public  highway  or  sidewalk,  as  in  said  ordi- 
nance required,  and  shall  be  entitled  to  recover  double  the 
amount  expended,  together  with  all  costs,  in  the  name  of  the 
city,  town  or  village,  or  other  competent  authority,  at  whose  ex- 
pense the  work  w^as  done,  in  any  court  of  competent  jurisdiction, 
from  such  railroad  corporation  so  failing,  neglecting  or  refusing 
to  perform  the  same.     [Laws  of  1905,  page  100] . 


190 


CHARTER. 


ARTICLE    XXVI. 


STREET  RAILWAYS. 


Section 

8.  Subject   to  assessment  and  tax- 

ation  as   other   railroad   prop- 
erty. 

9.  Inconsistent  acts  repealed. 

10.  Street  railroads,  city  shall 
have  no  power  to  grant  use  of 
street,  etc.,  except  on  petition 
of  more  than  one-half  of  prop- 
erty owners,  etc. 


Section 

1.  Street     railways,      how     c  o  n- 

structed. 

2.  May  change  motive  power. 

3.  Limitations  of  powers,   etc. 

4.  Right    of    way,    how    and    when 

granted. 

5.  Damages  defined. 

6.  Act    applies    to    all    street    rail- 

ways. 

7.  Statement    by    officer    of    street 

railway   company  of  length   of 
line  to  state  auditor. 


Section  1.  Street  railways,  how  constructed. — The  city 
may,  by  ordinance,  direct  and  control  the  laying  and  constructing 
of  street  railways  in  the  streets,  avenues,  highways  and  alleys  of 
the  city,  and  require  such  street  railways  and  all  parts  thereof  to 
be  so  constructed  and  laid  and  kept  in  repair  as  to  interfere  as 
little  as  possible  with  the  ordinary  travel  and  use  of  the  streets, 
avenues,  highways  and  alleys,  and  require  the  space  between  the 
rails  and  eighteen  (18)  inches  on  the  outside  thereof  to  be  ma- 
cadamized or  paved  as  the  roadway  beyond  such  limits  may  be 
paved  and  to  be  kept  in  repair  by  the  street  railway  company 
owning  or  using  such  street  railway.  The  city  shall  cause  to  be 
issued  tax  bills  against  said  street  railway  company  for  such  ma- 
cadamizing, paving  or  repairs  in  like  manner  and  like  effect  as 
other  tax  bills  are  issued  for  macadamizing  and  paving,  and  they 
shall  constitute  a  lien  upon  the  road  bed  and  other  property  of 
such  street  railway,  provided  such  street  railway  company  shall 
have  the  privilege  at  any  time  before  an  ordinance  is  placed  be- 
fore the  common  council  for  such  macadamizing  or  paving,  or 
before  a  contract  is  let  for  such  repairs  of  causing  such  work  to 
be  done  according  to  the  specifications,  approved  by  the  board  of 
public  works,  and  the  construction  thereof  to  be  under  the  super- 
vision of  the  same,  this  section  to  apply  to  street  railways  already 
constructed,  or  those  hereafter  to  be  constructed :  but  this  sec- 
tion shrill  not  be  construed  to  authorize  the  city  council  to  amend 
or  in  any  manner  to  interfere  with   the  franchises  heretofore 


ART.  XXVI.  STREET  RAILWAYS.  191 

granted  to  any  street  railway  compauy  of  said  eity,  nor  shall 
said  city  council  grant  the  right  of  way  over  or  along  any 
street  in  said  city  to  any  street  railway  company  for  the  construc- 
tion of  said  railways  without  the  consent  of  the  property  owners 
ow^ning  a  majority  in  front  feet  of  the  property  fronting  on  such 
street  w^here  such  road  is  proposed  to  be  constructed,  nor  shall 
any  street  railway  hereafter  be  constructed  or  laid  down  without 
such  consent.      [Laws  of  1905,  page  76].     (a) 

Sec.  2.  Street  railroads  may  change  motive  power. — Every 
street  railroad  company  in  any  city  of  this  state  which,  by  its 
charter  or  articles  of  association,  is  or  may  be  only  authorized  to 
use  horse  power  for  its  operation,  is  hereby  empowered  to  also  use 
such  other  motive  power  for  that  purpose  as  it  has  been  or  may 
be  permitted  by  the  ordinances  of  such  city  to  use.  [R.  S.  1899, 
Sec.  1355]. 

Sec.  3.  Limitation  of  municipal  authority. — The  legislative 
authority  of  no  incorporated  town  or  city  of  this  state  shall  have 
the  power  to  grant  to  any  person  or  city  corporation  the  right  to 
construct  and  operate  on,  over  or  under  any  street  or  alley  of  any 
incorporated  town  or  city  any  elevated,  underground  or  other 
street  railroad  without  compliance  with  the  conditions  hereinaf- 
ter named.     [R.  S.  1899,  Sec.  6115]. 

Sec.  4.  Right  of  way,  how  and  when  granted. — Before 
granting  any  franchise  for  constructing  and  operating  any  ele- 
vated, underground  or  other  street  railroad  on,  over  or  under  any 
street  or  alley  of  any  incorporated  town  or  city  the  authorities  of 
such  town  or  city  shall,  by  ordinance  duly  enacted,  establish  the 
route  and  clearly  define  the  terms  and  conditions  of  such  fran- 
chise, and  locate  all  depots,  stations,  turnouts  and  switches  of 
such  railroad.  The  party  to  which  said  franchise  may  be  granted 
shall  be  an  incorporated  company,  organized  under  the  laws  of 
this  state,  to  construct,  maintain  and  operate  a  street  railroad  in 
the  town  or  city  by  which  such  franchise  is  granted.  Before 
taking  or  damaging  any  property  in  the  construction  of  a  railroad 
under  such  franchise  the  said  corporation  shall  cause  to  be  ascer- 
tained and  determined  the  damages  that  will  be  done  by  the 

(a)  Street  railway  company  has  right  to  remove  track  and  avoid  liability 
for  street  paving:  The  Brick  and  Terra  Cotta  Co.  v.  Hull,  49  App. 
433. 


192  CHARTER. 

building  and  operation  of  such  railroad  to  the  real  and  personal 
property  situated  on  the  route  fixed  by  the  ordinance  defining 
said  franchise,  and  shall  pay  to  the  owner  or  owners  of  the  real 
and  personal  property  so  affected,  or  into  court  for  them,  the 
amount  of  their  respective  damages.  In  case  the  said  corporation 
fails  to  agree  with  the  owners  thereof  for  the  proper  compensa- 
tion for  the  damages  done  or  likely  to  be  done  or  sustained  by 
reason  of  the  construction  and  operation  of  said  railroad,  or  if, 
by  reason  of  the  legal  incapacity  of  any  such  owner,  no  compensa- 
tion can  be  agreed  upon,  the  circuit  court  having  jurisdiction 
over  the  town  or  city  granting  such  franchise,  or  any  judge  there- 
of in  vacation,  on  application  of  said  corporation,  shall  appoint 
three  disinterested  freeholders  of  such  town  or  city,  who  shall 
give  personal  notice  to  all  owners  or  their  agents  of  property  af- 
fected, if  they  can  be  found,  as  well  as  ten  days'  notice  by  adver- 
tisement in  the  newspapers  doing  the  printing  of  such  town  or 
city,  of  their  time  and  place  of  meeting;  and  the  said  commis- 
sioners, having  been  first  duly  sworn  to  perform  their  duties 
justly  and  impartially  and  a  true  report  to  make,  shall  fully  exam- 
ine into  the  construction  and  operation  of  said  railroad  and  its 
effects  upon  the  real  and  personal  property  damaged  thereby, 
making  just  allowances  for  the  advantages  which  may  have  re- 
sulted or  which  may  result  to  the  owner  or  owners  of  property 
for  which  damages  may  be  claimed  or  allowed,  and  after  such 
comparison  shall  estimate  and  determine  how  much  damages,  if 
any,  such  property  may  have  sustained  or  seems  likely  to  sustain 
by  reason  thereof,  and  make  report  of  the  same  at  the  existing  or 
following  term  of  court,  and  if  no  exceptions  be  filed  within  ten 
days  thereafter,  or  in  the  event  exceptions  are  filed  and  overruled, 
the  court  shall  confirm  the  report  and  enter  judgment  thereon, 
including  five  dollars  per  day  to  each  commissioner ;  from  which 
judgment  either  or  any  party  shall  be  entitled  to  an  appeal  or 
writ  of  error,  as  in  other  cases.  If  the  proceeding  seek  to  affect 
the  property  of  persons  under  guardianship  the  guardians  must 
be  made  parties,  and  if  the  property  of  married  women,  their  hus- 
bands must  be  made  parties.  The  petition  shall  set  forth  the 
general  nature  of  the  franchise  granted,  the  nature  of  railroad  to 
be  constructed  and  operated,  causing  or  likely  to  cause  damage 
to  private  property  for  public  use,  together  with  all  facts  neces- 
•sary  to  give  the  court  jurisdiction  in  the  premises,  the  names  of 
•owners  of  the  several  parcels  of  land  and  personal  property  to  be 


ART.  XXVI.  STREET  RAILWAYS.  193 

affected  thereby,  if  kuowii,  or,  if  unknown,  a  correct  description 
of  the  property  or  interests  whose  owners  are  unknown.  The  pe- 
tition may  be  presented  to  the  circuit  court  when  in  session,  or  to 
any  judge  thereof  in  vacation.  Upon  filing  the  petition  a  sum- 
mons shall  be  issued  giving  the  defendants  at  least  ten  days'  no- 
tice of  the  time  when  said  petition  will  be  heard,  which  summons 
shall  be  served  in  the  same  manner  as  writs  of  summons  are  or 
may  be  by  law  required  to  be  served.  If  the  name  or  residence 
of  any  defendant  be  unknown,  or  if  any  defendant  does  not  re- 
side within  this  state,  notice  of  the  time  of  hearing  the  petition, 
reciting  the  substance  of  the  petition  and  the  day  fixed  for  the 
hearing  thereof,  shall  be  given  by  publication  for  four  consecu- 
tive weeks  prior  to  the  hearing  of  the  petition  in  the  paper  doing 
the  town  or  city  printing,  and  the  court  or  judge  thereof,  being 
satisfied  that  due  notice  of  the  pending  of  the  petition  has  been 
given,  shall  make  the  appointment  of  said  commissioners.  The 
report  of  the  commissioners  to  the  circuit  court  shall  be  in  writ- 
ing and  under  oath,  and  filed  with  the  clerk  thereof,  and  the 
damages  allowed  to  each  owner  of  property  affected  shall  be 
separately  stated.  The  report  of  the  commissioners  may  be  re- 
viewed by  the  circuit  court  on  written  exceptions  filed  by  any 
party  in  the  clerk's  ofiice  within  ten  days  after  filing  of  such  re- 
port, and  the  court  shall  make  such  order  therein  as  right  and 
justice  may  require,  and  may  order  a  new  appraisement  on  good 
cause  shown,  but  the  hearing  of  such  exceptions  shall  be  sum- 
mary, and  the  court  shall  fix  a  day  therefor  without  delay.  The 
costs  of  the  proceedings  up  to  and  including  the  filing  of  the  com- 
missioners' report  shall  be  paid  by  the  said  corporation,  but  all 
costs  caused  by  any  subsequent  litigation  shall  be  paid  by  the  los- 
ing party.  All  damages  found  by  said  commissioners  shall, 
within  thirty  days  after  filing  of  their  report,  be  paid  to  the  own- 
ers of  the  property  damaged,  or  into  court  for  them,  by  the  said 
corporation,  and  if  the  same  is  not  so  paid  as  aforesaid  said  rail- 
road shall  not  be  constructed.      [R.  S.  1899,  Sec.  6116].     (b) 

(b)  City  cannot  confer  on  company  the  exclusive  right  to  use  of  streets: 
Railway  v.  Railway,  111  Mo.  666;  Railroad  v.  Railroad,  97  Mo.  457; 
Railway  v.  Railway,  132  Mo.  34;  Grand  Av.  Ry.  Co.  v.  Citizens  Ry. 
Co.,  148  Mo.  665. 

Construction  of  single  track  does  not  exhaust  power  or  preclude  change 
to  double  track:     Ransom  v.  Railway,  104  Mo.  375. 

Rate  of  speed  may  be  governed  by  ordinance:     Weber  v.  K.  C.  Cable  Co., 
100  Mo.  194;  Gratoit  v.  Railway,  116  Mo.  450;  Ruschenberg  v.  South- 
ern Electric  Railroad  Co.,  161  Mo.  70. 
13 


194  CHARTER. 

Sec.  5.  Damages  defined. — Damages  iu  this  article  are 
hereby  defined  to  be  the  depreciation  in  the  value  of  the  property 
that  may  result  from  the  construction  and  operation  of  the  pro- 
posed railroad.     [R.  S.  1899,  Sec.  6117].     (c) 

Sec.  6.  Article  to  apply  to  pending  application. — This  arti- 
cle shall  apply  to  all  applications  for  franchises  from  towns  or 
cities  to  construct  and  operate  any  elevated,  underground  or 
street  railroad  made  under  or  in  pursuance  of  any  existing  law, 
whether  such  application  is  hereafter  made,  or  may  have  hereto- 
fore been  made,  but  not  at  the  passage  of  this  article,  finally  acted 
upon  by  the  municipal  authorities.     [R.  S.  1899,  Sec.  6118] . 

Sec.  7.  Chief  officer  of  street  railroad  company  required  to 
make  statement  to  the  auditor  of  length  of  line  of  railroad  used. — 
Ou  or  before  the  first  day  of  January  in  each  year  the  president 
or  other  chief  officer  of  every  street  railroad  company  in  every 
city  of  this  state  whose  line  is  now  or  shall  hereafter  become  so 
far  completed  and  in  operation  as  to  run  horse  cars,  electric  cars, 
cable  cars  or  cars  propelled  by  any  other  device  for  the  transpor- 
tation of  passengers  shall  furnish  to  the  state  auditor  a  statement, 
duly  subscribed  and  sworn  to  by  said  president  or  other  chief  offi- 
cer, before  some  officer  authorized  to  administer  oaths,  setting 
out  in  detail  the  full  length  of  the  line,  so  far  as  completed,  in- 
cluding branch  or  leased  lines,  the  entire  length  in  this  state,  the 
length  of  double  or  side  tracks,  the  length  of  such  line  located 
upon  real  estate  to  which  such  company  may  have  title  as  right 
of  way,  the  length  of  such  line  located  upon  the  public  streets  or 
thoroughfares  of  any  city,  together  with  all  cars,  motors,  grip 
cars,  live  stock,  electric  trolley  wires,  cables,  cable  conduits, 
power  houses,  stables  and  all  other  property,  real,  personal  or 
mixed,  owned,  used  or  leased  on  the  first  day  of  June,  which  may 

As  to  right  of  presumption  on  the  part  of  traveler  on  street  that  cars  will 
be  propelled  in  obedience  to  laws  and  ordinances:  Jennings  v.  Rail- 
way, 112  Mo.  268;  Eswin  v.  Railway  Co.,  96  Mo.  290;  Hutchinson  v. 
Railway  Co.,  161  Mo.  246. 

(c)  Railway  company  liable  to  abutting  property  owner  for  changing 
grade:  Sheehy  v.  Cable  Ry.,  94  Mo.  574;  Davis  v.  Missouri  Pacific 
Railway  Co.,  119  Mo.  180. 

Proper  construction  of  street  railway  does  not  damage  property  within 
meaning  of  the  constitution:  Ransom  v.  Citizens  Ry.  Co.,  104  Mo. 
375;  Placke  v.  W.  D.  R.  R.  R.  Co.,  140  Mo.  634;  Ruckert  v.  Grand  Ave. 
Ry.  Co.,  163  Mo.  279. 


ART.  XXVI.  STREET  RAILWAYS.  195 

be  used  in  or  incident  to  the  operation  of  such  street  railroad, 
the  length  of  such  line  in  each  county,  municipal  township  and 
city  through  or  in  which  it  is  located,  and  the  cash  value  of  the 
several  items  embraced  in  the  statement.      [R.  S.  1899,  Sec.  9353]. 

Sec.  8.  Property  so  returned  subject  to  assessment  and  tax- 
ation as  other  railroad  property. — The  said  property  returned  to 
the  state  auditor,  as  by  section  7  of  this  article  required,  shall 
be  subject  to  taxation  for  state,  county,  municipal  and  other  pur- 
poses to  the  same  extent  as  the  real  and  personal  property  of  pri- 
vate persons,  and  the  same  shall  be  assessed,  apportioned,  certified 
and  the  taxes  thereon  levied  and  collected  at  the. time  and  in  the 
manner  in  which  is  now  or  may  hereafter  be  provided  by  law  for 
the  assessment  and  taxation  of  other  railroad  property.  [R.  S. 
1899,  Sec.  9354]. 

Sec.  9.  Inconsistent  acts  repealed. — ^It  being  the  purposes 
of  the  two  preceding  sections  to  make  the  property  of  street  rail- 
roads in  cities  assessable  and  taxable  in  the  same  manner  which 
is  now  or  may  hereafter  be  provided  by  law  for  the  assessment 
and  taxation  of  other  railroad  property,  all  acts  and  parts  of  acts 
inconsistent  or  in  conflict  herewith  are  hereby  repealed.  [R.  S. 
1899,  Sec.  9355]. 

Sec.  10.  Street  railroads,  city  shall  have  no  power  to  grant 
use  of  street,  etc.,  except  on  petition  of  more  than  one-half  of 
property  owners,  etc. — The  municipal  assembly,  city  council  or 
board  of  trustees  of  any  incorporated  city  in  this  state  shall  have 
no  power  to  grant  the  use  of,  or  the  right  to  lay  down  any  tracks 
in  any  street  of  the  city,  to  any  railroad  company,  or  to  any 
steam,  dummy,  electric,  cable,  horse  or  other  street  car  company, 
whether  the  same  shall  be  incorporated  under  any  general  or 
special  law  of  the  state  now  or  hereafter  in  force,  except  upon 
the  petition  of  the  owners  of  the  land  representing  more  than 
one-half  of  the  frontage  of  the  street  or  so  much  thereof  as  is 
sought  to  be  used  for  railroad  or  street  car  purposes ;  and  when 
the  street  or  part  thereof  as  is  sought  to  be  used  shall  be  more 
than  one  mile  in  extent  no  petition  of  land  owners  shall  be  valid 
unless  the  same  shall  be  signed  by  the  owners  of  the  land  repre- 
senting more  than  one-half  of  the  frontage  of  each  mile,  and  of 


196  CHARTER. 

the  fraction  of  a  mile,  if  any,  in  excess  of  the  whole  mile,  meas- 
uring from  the  initial  point  named  in  such  petition,  of  such  street 
or  part  thereof  sought  to  be  used  for  such  purpose :  Provided, 
that  this  section  shall  not  be  construed  to  prevent  granting  au- 
thority to  a  railroad  company  to  lay  a  spur  track  or  sidetrack  to 
any  manufacturing  establishment  or  wholesale  house  when  de- 
sired by  the  parties  oAvning  such  manufacturing  establishment 
or  wholesale  house :  Provided,  however,  that  nothing  in  this 
section  shall  be  construed  so  as  to  prohibit  the  municipal  assem- 
bly, city  council  or  board  of  trustees  of  any  such  city  from  grant- 
ing a  renewal  of  any  franchise  now  in  force,  to  the  extent  of  the 
present  mileage  granted  for  such  franchise.  [R.  S.  1899,  section 
6119]. 


ART.  XXVII. 


BURIAL  GROUND. 


197 


ARTICLE    XXVII. 


BURIAL  GROUND. 


Section 

1.     City     may     hold     and     protect 
burial  grounds. 


Section 

2.     Cemetery      lots      conveyed 
deed,  by  whom  signed. 


by 


Section  1.  City  council  may  protect  cemeteries  outside  city 
limits. — Any  town,  city  or  village  in  the  state  of  Missouri  may 
purchase,  receive  and  hold  real  estate  within  or  outside  such  city, 
town  or  village  for  the  burial  of  the  dead,  and  may  lease,  sell  or 
otherwise  dispose  of  the  same.  And  the  council  of  said  cities, 
towns  and  villages  may  make  rules  and  pass  ordinances  impos- 
ing penalties  and  fines  not  exceeding  one  hundred  dollars,  regu- 
lating, protecting  and  governing  cemeteries  outside  of  said  cities, 
towns  and  villages,  the  owners  of  lots  therein,  visitors  thereto, 
and  punishing  trespassers  thereon  to  the  extent  as  though  such 
cemeteries  were  inside  the  corporate  limits  of  such  cities,  towns 
and  villages ;  and  the  officers  of  said  cities,  towns  and  villages 
shall  have  as  full  jurisdiction  and  poAver  in  the  enforcing  of  said 
rules  and  ordinances  as  though  they  related  to  such  city,  town 
or  village  itself.     [K.  S.  1899,  Sec.  5220]. 


Sec.  2.  Cemetery  lots,  conveyed  by  deed,  etc. — The  cemetery 
lots  owned  by  such  city,  town  or  village  shall  be  conveyed  by  deed 
signed  by  the  mayor  of  said  city,  town  or  village,  duly  attested 
by  the  city  clerk,  and  shall  vest  in  the  purchaser,  his  or  her  heirs 
and  assigns,  a  right  in  fee  simple  to  such  lot  for  the  sole  purpose  of 
interment  under  the  regulations  of  the  council.  [R.  S.  1899,  Sec. 
5221]. 


198 


CHARTER. 


ARTICLE    XXVIII 


RIOT— DAMAGE  BY. 


Section 

1.  Rioter  liable  for  damages. 

2.  City  liable  for  acts  of  rioters. 


Section 

3.  City  not  liable,  when. 

4.  City  may  recover  from  rioter. 


Section  1.  Liability  for  connection  with  riotous  assemblage. 
— Any  person  or  persons  forming  part  of  an  unlawful  or  riotous 
assemblage  shall  be  liable  for  any  damage  to  person  or  property 
caused  by  the  acts  of  such  assemblage,  or  of  any  person  or  per- 
sons unlawfully  connected  therewith.     [R.  S.  1899,  See.  6105]. 

Sec.  2.  Certain  cities  liable  for  damages  by  riots. — Any  city 
of  the  first  class  or  of  the  second  class  in  which  such  acts  shall  be 
committed  shall  be  liable  to  the  person  or  persons  whose  property 
shall  be  destroyed  or  injured  thereby  for  the  value  of  the  property 
so  destroyed,  or  the  damage  thereto,  and  the  same  may  be  recov- 
ered by  suit  at  law,  without  joining  any  person  or  persons  with 
said  city  or  town  as  defendants  in  said  suit.  [R.  S.  1899,  See. 
6106]. 

Sec.  3.  Construction  of  this  article. — This  article  shall  not 
be  so  construed  as  to  make  any  city  or  town  liable  for  the  destruc- 
tion of,  or  for  any  damage  to,  any  property  occupied  or  used  with 
the  consent  or  knowledge,  or  by  the  culpable  negligence  of  the 
owner,  in  a  manner  or  for  a  purpose  prohibited  by  the  laws  of 
the  state  or  of  the  United  States,  or  in  violation  of  the  ordinances 
of  such  city  or  town,  nor  for  the  destruction  of  or  any  damage  to 
any  property  belonging  to  a  person  engaged  in  or  unlawfully  con- 
nected with  any  such  assemblage.     [R.  S.  1899,  Sec.  6107]. 

Sec.  4.  Damages  paid  by  city,  recoverable  from  those  en- 
gaged in  riot. — Any  city  or  town  paying  the  value  of  property  so 
destroyed  or  such  damages  thereto  may,  by  suit  at  law,  recover 
the  same,  with  10  per  cent  added,  and  interest  and  costs,  of  any 
person  or  persons  engaged  unlawfully  in  such  assemblage,  or  hav- 
ing aided  or  abetted  the  same.     [R.  S.  1899,  Sec.  6108]. 


ART.  XXIX. 


DAMAGES— PERSONAL  INJURIES. 


199 


ARTICLE    XXIX. 


DAMAGES— ACTION   FOR  PERSONAL  INJURIES. 


Sectiom 

1.  Suits  for  damages  against  cities 
of  second  class — who  shall  be 
parties  thereto — judgments,  of 
whom  collected. 


Section 

2.     Notice   to   be   given   in   suits   for 
personal  injuries. 


Section  1.     Suits  for  damages  against  cities  of  second  class 
— who  shall  be  parties  thereto — judgments,  of  whom  collected. — 

Whenever  any  city  of  the  second  class  shall  be  made  liable  to  an 
action  for  damages  by  reason  of  the  wrongful  act,  negligence, 
carelessness  or  unskillfulness  of  any  person  or  corporation,  and 
such  person  or  corporation  shall  also  be  liable  to  an  action  on  ac- 
count thereof  by  the  party  so  injured,  the  injured  party,  if  he 
sues  such  city  for  damages,  shall  also  join  such  other  person  or 
persons  or  corporations  so  liable  if  residing  in  this  state,  and  no 
judgment  shall  be  rendered  against  such  city  unless  judgment  be 
rendered  against  such  other  person  or  corporation  so  liable  to  be 
sued  as  aforesaid ;  and  if  any  action  be  brought  against  the  city 
alone,  and  it  is  made  to  appear  that  any  person  or  corporation 
ought  to  be  joined  as  a  defendant  in  the  suit,  according  to  the 
provisions  of  this  act,  then  the  plaintiff  shall  be  non-suited ;  but 
no  person  shall  be  liable  under  this  act  to  be  sued  jointly  with  the 
city  who  would  not  be  liable  to  be  sued  separately,  irrespective 
of  its  provisions.  When  a  judgment  shall  be  obtained  against 
the  city  and  the  other  party  liable  as  aforesaid,  execution  shall 
issue  against  all  the  defendants  in  the  ordinary  form,  but  shall 
be  first  enforced  and  collected  of  the  other  defendants,  and  shall 
not  be  collected  of  the  city  unless  the  other  defendants  are  so  in- 
solvent that  the  same  can  not  be  made  out  of  them,  and  in 
that  case  such  city  shall  pay  only  so  much  of  the  judgment  as 
cannot  be  made  out  of  the  other  defendants,  and  upon  payment 
of  the  whole  or  any  part  of  the  judgment  the  city  shall  thereupon 
become  the  owner  of  such  judgment  to  the  extent  of  such  pay- 


200  CHARTER. 

ment,  and  may  enforce  the  payment  thereof  bj^  execution  against 
the  other  defendant  or  defendants.     [R.  S.  1899,  See.  5723].     (a) 

Sec.  2.  Notice  to  be  given  in  suits  for  personal  injuries. — No 
action  shall  be  maintained  against  any  cit}-  of  the  second  class 
on  account  of  any  injuries  growing  out  of  any  defect  in  the  condi- 
tion of  any  bridge,  street,  sidewalk  or  thoroughfare  in  said  city, 
unless  notice  shall  first  have  been  given  in  writing,  verified  by  af- 
fidavit, to  the  mayor  of  said  city,  within  sixty  days  of  the  occur- 
rence for  which  such  damage  is  claimed,  stating  the  place  where, 
the  time  when  such  injury  was  received,  and  the  character  and 
circumstances  of  the  injury,  and  that  the  person  so  injured  will 
claim  damages  therefor  from  such  city.  [R.  S.  1899,  Sec. 
5724].     (b) 

(a)  Waltemeyer  v.  Kansas  City,  71  App.  354;  Mancuso  v.  Kansas  City, 
74  App.  138;  Wiggin  v.  St.  Louis,  135  Mo.  55S;  Wiethaupt  v.  St.  Louis, 
158  Mo.  658. 

(b)  The  service  of  the  statutory  notice  upon  the  mayor  is  a  condition 
precedent  to  the  maintenance  of  tlie  suit:  Lyons  v.  City  of  St.  Joseph, 
87  S.  W.  Rep.  588. 

Not  necessary  that  the  notice  state  all  the  facts  with  reference  to  the  de- 
fective sidewalk,  or  as  to  plaintiff's  injuries,  but  is  sufficient,  if  it 
states  only  the  time  and  place  and  the  character  and  circumstances 
of  the  injury:  Reno  v.  City  of  St.  Joseph,  169  Mo.  642;  George  v. 
Edelbrock,  97  Mo.  56. 


ART.  XXX. 


REGISTRATION. 


201 


ARTICLE      XXX 


REGISTRATION. 


Section 

1.  Registration    in    cities    of    25,000 

and  less  than  100,000  Inhabi- 
tants. 

2.  Who  may  be  registered. 

3.  County    clerk   to   provide    regis- 

tration book;  oath;  form  of 
book. 

Appointment  of  registrar;  his 
powers;  election  of  registrar; 
his  qualifications;  vacancies. 

Qualifications  of  voters;  chal- 
lenges; rejected  ballots. 

County  clerks  to  deliver  regis- 
tration books  to  registering 
officers. 

Days  of,  places  for,  and  notice 
of  registration. 

Deputy  registrars. 

Board  of  revision;  change  of 
residence. 

Absent   voters — registered   how. 

Hours  of  registration. 

County  clerk  to  deliver  original 
registration    book   and    copy. 

Duties  of  clerks  of  election;  re- 
turn of  books. 


4. 


5. 


7. 


10. 
11. 
12. 

13. 


Section 

14.     Pay  of  registration  officers;   ex- 
penses. 

Elections,  how  conducted. 

Additional  lists  to  be  furnished 
by  county  clerk. 

Circuit  courts  to  have  super- 
visory  control   of   registration. 

Special  registration,  day  of. 

Additional   registration,    etc. 

Voting  precincts;  duty  of  com- 
mon council. 

Registrar  not  to  be  candidate. 

Restrictions  on  registration. 

Corrupt  registration;  refusal  to 
register  qualified  voters,  pen- 
alty on  registrar. 

Challenge  by  registrar,  proceed- 
ings. 

Destroying,  or  taking  by  vio- 
lence, registration  book,  pen- 
alty. 

Justice  of  county  court  failing 
of  duty,  penalty. 


15. 
16. 

17. 

18. 
19. 
20. 

21. 
22. 
23. 


24. 


25. 


26. 


Section  1.  Registration  in  cities  of  25,000  and  less  than 
100,000  inhabitants. — There  shall  be  a  registration  of  all  the  qual- 
ified voters  in  cities  having  a  population  of  twenty-five  thousand 
inhabitants  and  less  than  one  hundred  thousand  inhabitants, 
whether  organized  under  general  law  or  special  charter,  which 
registration  shall  be  had  under  the  provisions  of  this  article ;  and 
for  the  purpose  of  ascertaining  or  determining  the  population  of 
cities  within  this  state  that  may  have  a  population  of  at  least 
twenty-five  thousand  and  less  than  one  hundred  thousand,  the 
aggregate  vote  cast  for  the  first  candidate  on  each  ticket  voted 
for  at  the  last  preceding  presidential  election  in  such  cities,  shall 
be  multiplied  by  five,  and  the  product  shall  be  deemed  to  be  the 
number  of  inhabitants  in  such  city.     [R.  S.  1899,  Sec.  7197]. 


202  CHARTER. 

Sec.  2.  Who  may  be  registered. — Every  male  citizen  of  the 
United  States,  and  every  person  of  foreign  birth  who  may  have 
declared  his  intention  to  become  a  citizen  of  the  United  States 
according  to  law  not  less  than  one  year  nor  more  than  five  years 
before  he  offers  to  vote,  who  is  over  the  age  of  twenty-one  years, 
who  has  resided  in  this  state  one  year  next  preceding  the  election 
at  which  he  offers  to  vote,  and  during  the  last  sixty  days  of  that 
time  shall  have  resided  in  the  city,  and  during  the  last  ten  days  of 
that  time  in  the  ward  at  which  he  offers  to  vote,  who  has  not  been 
convicted  of  bribery,  perjury  or  other  infamous  crime,  nor  di- 
rectly interested  in  any  bet  or  wager  depending  upon  the  result 
of  the  election,  nor  serving  at  the  time  in  the  regular  army  or 
navy  of  the  United  States,  shall  be  entitled  to  vote  at  such  elec- 
tion for  all  offices,  state  or  municipal,  made  elective  by  the  people, 
or  at  any  other  election  held  in  pursuance  of  the  laws  of  this 
state;  but  he  shall  not  vote  elsewhere  than  in  the  election  pre- 
cinct where  his  name  is  registered  and  whereof  he  is  registered 
as  a  resident.     [R.  S.  1899,  Sec.  7198].     (a) 

Sec.  3.  County  clerk  to  provide  registration  book — oath — 
form  of  book. — The  clerk  of  the  county  court  for  general  oi 
special  election  in  cities  of  twenty-five  thousand  and  less  than 
thirty  thousand  inhabitants  in  this  state  shall  provide  a  suitable 
registration  book  for  each  election  district  in  their  several  cities, 
which  shall  have  written  or  printed  therein  the  following  oath: 
"We,  the  undersigned,  do  solemnly  swear  (or  affirm)  that  we 
will  support  the  constitution  of  the  United  States  and  of  the  state 
of  Missouri ;  and  we  do  further  swear  (or  affirm)  that  we  have 
not  registered  in  any  other  election  district,  that  we  and  each  of 
us  have  given  our  true  names  and  place  of  residence  as  hereto 
subscribed."  The  registration  books  and  the  registration  lists 
of  poll  books,  as  hereinafter  provided  to  be  delivered  to  the  judges 
of  election,  shall  be  in  the  following  form: 

(a)  Residence  a  question  largely  of  intention:     Hope  v.  Plentge,  140  Mo. 
390. 


ART.  XXX. 


REGISTRATIOX, 


203 


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[R.  S.  1899,  Sec.  7199], 


Sec.  4.  Appointment  of  registrar;  his  powers;  election 
of  registrar;  his  qualifications;  vacancies. — In  all  cities  of  this 
state  which  now  contain  or  may  hereafter  contain  twenty-five 
thousand  inhabitants  and  less  than  one  hundred  thousand  inhab- 
itants, at  each  general  election  for  state  officers,  there  shall  be 
elected  in  each  election  district  of  such  cities,  by  the  qualified 
voters  of  such  election  district,  one  registrar  of  elections,  who 
shall  have  the  qualifications  of  an  elector  in  his  election  distncr, 
and  be  an  owner  of  real  estate  in  this  state,  and  who  shall  hold 
his  office  for  two  years  and  until  his  successor  is  elected  and  qual- 
ified. Said  registrars  shall  have  the  authority  to  administer  all 
oaths  which  may  be  necessary  in  the  registration  of  voters.  All 
vacancies  occurring  in  the  office  of  registrar  of  elections  for  any 
election  district  in  such  cities  shall  be  filled  by  the  respective 
city  councils  of  such  cities,  and  whenever  any  city  shall,  by  law, 
for  the  first  time  come  under  the  operations  of  this  section,  the 
city  council  of  such  city  shall,  not  less  than  ninety  days  prior  to 
the  first  municipal  or  general  election  held  in  such  city  after  it 
shall  come  under  the  operation  of  this  section,  appoint  registrars 
of  elections  for  each  of  the  election  districts  of  said  cities,  who 
shall  serve  until  their  successors  are  duly  elected  at  the  next  reg- 
ular election  for  that  purpose  and  qualified.  When  any  city  shall 
first  come  under  the  provisions  of  this  section,  and  the  first  elec- 
tion held  in  such  city,  after  it  shall  come  under  its  provisions, 
shall  be  a  municipal  election,  the  registrars  herein  provided  for 
shall  hold  a  special  registration  in  such  city,  under  the  provisions 


204  CHARTER. 

of  this  article  within  forty  days  next  preceding  the  tenth  day 
prior  to  snch  municipal  election.     [R.  S.  1899,  Sec.  7200].     (b) 

Six-.  5.  Qualifications  of  voters — challenges — rejected  bal- 
lots.^Any  person  having  the  qualifications  of  a  voter  as  pre- 
scribed in  this  article,  and  who  shall  take  and  subscribe  the  oath 
required  of  voters  by  this  article,  and  who  applies  for  registration 
at  the  time  and  in  the  manner  prescribed  by  law,  and  any  natur- 
alized citizen  who  shall  subscribe  to  a  written  statement  under 
oath  before  the  registrar  that  he  is  naturalized  according  to  the 
laws  of  the  United  States  and  of  this  article,  and  that  his  natural- 
ization papers,  or  evidence  of  his  citizenship  have  been  lost  or 
destroyed,  or  that  the  same  are  not  accessible  to  him,  and  shall 
state  where  he  was  naturalized,  shall  be  accepted  by  the  register- 
ing officer,  and  duly  registered  as  a  qualified  voter:  Provided, 
any  person  registered  according  to  the  provisions  of  this  article, 
when  he  offers  to  vote,  may  be  challenged  as  disqualified  by  any 
person  who  is  an  elector  of  this  state ;  and  it  shall  be  the  duty  of 
the  judges  of  election  to  try  and  determine,  in  a  summary  man- 
ner, before  the  close  of  the  polls,  the  qualifications  of  any  person 
challenged  as  aforesaid,  and  upon  proof  that  the  person  so  chal- 
lenged is  not  a  qualified  voter  the  judges  of  election  shall  reject 
his  vote,  and  they  shall  state,  opposite  the  name  of  the  person  on 
the  registered  list  of  voters  whose  vote  is  rejected,  the  nature  of 
his  disqualification  and  the  names  of  the  witnesses  upon  whose 
testimony  his  vote  was  rejected,  but  the  vote  of  no  person  who 
may  be  challenged  shall  be  rejected  except  upon  the  testimony  of 
two  creditable  witnesses :  And  provided  further,  that  the  party 
challenging  the  right  of  any  person  to  vote  shall  swear,  before 
the  judges  of  election  at  the  time  of  so  challenging  the  vote,  that 
to  the  best  of  his  knowledge  and  belief  the  party  (naming  him), 
is  not  a  qualified  voter  under  the  laws  of  this  state,  and  he  shall 
also  swear  to  the  reasons  which  disqualify  him  from  voting:  And 
provided  further,  that  the  ballot  of  such  person  so  rejected  shall 
be  preserved  and  returned  with  the  books  and  other  ballots  in  a 
separate  envelope  marked  "rejected  ballots,"  and  the  clerk  of 
the  county  shall  preserve  the  same  in  his  office.  [R.  S.  1899,  See. 
7201]. 

(b)  No  voter  should  be  disfranchised  on  account  of  a  mere  irregularity 
occasioned  by  the  neglect  or  misconduct  of  election  officers,  over 
whose  conduct  he  has  no  control,  unless  the  legislature  has  declared 
such  irregularity  fatal:     Sanders  v.  Lacks,  142  Mo.  255. 


ART.  XXX.  REGISTRATION.  205 

Se(".  6.  County  clerks  to  deliver  registration  books  to  regis- 
tering officers. — The  cliu-k  of  the  county  court  shall  deliver,  or 
cause  to  be  delivered,  the  registration  books  required  by  section 
3  of  this  article  to  the  various  registering  officers  of  his  county  at 
least  three  days  before  the  time  set  for  any  registration,  and  they 
shall  be  returned  by  such  officers  to  the  county  clerk,  together 
with  a  copy  thereof,  alphabetically  arranged,  all  and  each  of 
which  duly  certified  under  their  hands,  within  three  days  after 
the  close  of  each  registration,  and  be  kept  by  the  clerk,  subject 
to  public  inspection.     [R.  S.  1899,  Sec.  7202]. 

Sec.  7.  Days  and  places  for,  and  notice  of  registration. — The 
county  court  of  each  county  containing  cities  of  twenty-five 
thousand  and  less  than  one  hundred  thousand  inhabitants  shall 
appoint  days  of  registration,  not  to  exceed  five  in  each  election 
district  of  said  cities,  which  shall  be  within  forty  days  next  pre- 
ceding the  tenth  day  prior  to  every  biennial  election ;  the  county 
court  of  each  of  said  counties  shall  also  appoint,  at  least  ten  days 
before  any  special  or  municipal  election  held  in  their  county, 
days  of  registration,  not  exceeding  three,  in  each  election  district 
of  said  cities  for  the  purposes  of  such  special  or  municipal  elec- 
tion, at  which  time  those  who  have  become  entitled  to  register  at 
the  last  general  registration,  but  who  having  for  any  cause  failed 
or  neglected  to  do  so,  may  register  upon  compliance  with  the  pro- 
visions of  this  article.  All  registration  of  voters  under  this  arti- 
cle shall  be  held  at  the  place  of  voting  established  by  the  county 
courts  in  each  election  district;  and  the  county  court  shall  give 
notice  of  such  registration  and  the  places  where  the  same  is  to  be 
held  by  publication  thereof  in  a  daily  newspaper  published  in 
said  city  for  ten  days  next  preceding  such  registration.  [R.  S. 
1899,  Sec.  7203]. 

Sec.  8.  Deputy  registrars. — Wherever  there  shall  be  more 
than  one  precinct  in  any  election  district  in  which  registration  is 
required  to  be  made  under  this  article  the  registrars  shall  appoint 
one  deputy  registrar  for  each  additional  precinct,  who  shall  be 
vested  with  all  the  powers  and  duties  of  the  registrar  of  the  dis- 
trict. Each  deputy  so  appointed  shall  reside  in  the  precinct  for 
which  he  is  appointed ;  shall  have  the  qualifications  of  an  elector 
therein,  and  be  an  owner  of  real  estate  in  the  state.  [R.  S.  1899, 
Sec.  7204]. 


206  CHARTER. 

Sec.   9.     Board  of  revision — change  of  residence. — On  the 

Friday  and  Saturday  preceding  the  seventh  day  before  each  gen- 
eral election  the  registrars  of  each  district  shall  meet  at  the  court 
house  in  said  city  as  a  board  of  revision.  They  shall  pass  upon 
the  claims  of  all  persons  asking  to  be  registered  and  who  shall  not 
have  been  registered,  and  also  upon  all  objections  to  parties  who 
have  been  registered  as  qualified  voters.  They  shall  add  to  the 
list  in  each  precinct  the  names  of  such  persons  as  are  legally  en- 
titled to  registration  therein,  and  shall  strike  therefrom  such  as 
have  been  improperly  registered;  but  the  name  of  no  person 
shall  be  stricken  from  the  list  unless  he  shall  have  had  at  least 
two  days'  notice  in  writing  of  the  time  and  place  his  case  will  be 
heard:  Provided,  if  objections  shall  be  made  at  the  time  the  per- 
son is  registered  no  notice  shall  be  necessary,  but  such  objection 
and  the  name  of  the  objector  shall  be  noted  at  the  time  of  regis- 
tration by  the  registering  officer.  If  any  person  who  has  been 
duly  registered  removes  his  residence  from  the  election  district 
in  which  he  is  registered  to  another  election  district  in  the  same 
city,  not  less  than  ten  days  previous  to  the  next  election  follow- 
ing, the  registration  officer  of  the  district  whence  he  removed 
shall  grant  him  a  certificate  of  registration,  and  write  the  word 
"removed"  opposite  his  name  on  the  registration  book  of  that 
district ;  upon  the  presentation  of  his  certificate  to  the  board  of 
revision  he  shall  be  entered  as  a  registered  voter  in  the  district  to 
which  he  has  removed,  on  or  before  the  day  of  election,  and  be 
entitled  to  vote  in  such  district.      [R.  S.  1899,  Sec.  7205] . 

Sec.  10.  Absent  voters — registered  how. — Any  voter  who  is 
absent  fi'om  the  city  on  the  days  of  registration  on  account  of 
business  or  sickness  may  have  his  name  placed  on  the  registration 
list  at  any  time  before  the  board  of  revision  meets  by  filing  with 
the  registrar  of  the  precinct  in  which  he  is  a  voter  his  affidavit 
made  before  some  officer  authorized  by  the  laws  of  this  state  to 
administer  oaths,  setting  forth  the  facts  that  he  is  a  legal  voter  in 
such  precinct  and  is  entitled  to  register  and  vote  therein ;  also 
stating  his  place  of  residence  and  that  he  was  prevented  from 
registering  on  the  registration  days  because  he  was  absent  from 
the  city  on  account  of  business  or  sickness ;  and  he  shall  also 
include  in  said  affidavit  the  oath  that  other  voters  are  required  to 
take  who  register  on  said  registration  days.  The  registrars  shall 
file  all  affidavits  made  as  aforesaid  with  the  board  of  revision  on 


ART.  XXX.  REGISTRATION.  207 

the  first  day  of  the  meeting  of  said  board;  and  any  objections 
made  to  the  registering  of  any  person  by  affidavit  as  aforesaid 
shall  be  passed  upon  by  said  board  of  revision  in  the  same  man- 
ner as  objections  to  other  registered  voters.  The  said  board 
shall,  upon  the  completion  of  its  vv^ork,  deliver  all  such  affidavits 
to  the  clerk  of  the  county  court,  who  shall  safely  keep  the  same. 
[Laws  of  1901,  page  145]. 

Sec.  11.  Hours  of  registration. — The  registration  officers 
shall,  in  the  discharge  of  their  duties,  attend  at  the  places  of  reg- 
istration in  their  respective  districts  on  the  days  appointed  by 
the  county  court  and  by  this  article,  from  the  hours  of  eight 
o'clock  in  the  forenoon  until  nine  o'clock  p.  m.  of  each  day,  and 
shall,  without  delay,  register  all  persons  as  voters  who,  having 
the  qualifications  prescribed  by  law,  present  themselves  therefor 
and  take  the  oath  required  by  this  article.  [R.  S.  1899,  Sec. 
7206]. 

Sec.  12.  County  clerk  to  deliver  original  registration  book 
and  copy.^The  county  clerk  of  each  county  containing  cities  in 
which  registration  may  be  had  under  and  by  virtue  of  this  article 
shall,  on  the  day  before  the  election  for  which  any  such  registra- 
tion was  made,  deliver  to  the  judges  of  election  appointed  under 
and  by  virtue  of  the  general  law  of  elections,  the  original  registra- 
tion book  of  their  respective  precincts,  together  with  a  copy 
thereof,  heretofore  required  to  be  made,  and  shall  take  the  receipt 
of  one  of  the  judges  therefor.      [R.  S.  1899,  Sec.  7207]. 

Sec.  13.     Duties  of  clerks  of  election — return  of  books. — The 

clerks  of  the  election  shall,  at  the  time  any  person  votes  or  offers 
to  vote,  enter  the  words  "voted"  or  "rejected,"  as  the  case  may 
be,  opposite  the  voter's  name,  on  the  registration  books  or  lists 
furnished  them,  in  the  appropriate  column;  and  at  the  close  of 
the  polls  the  registration  book  or  lists  shall  be  signed  by  the 
judges  and  attested  by  the  clerks,  and  the  names  therein  marked 
"voted"  shall  be  counted  and  the  number  set  down  at  the  foot 
of  the  registration  book  or  list,  and  any  variance  between  that 
and  the  number  of  ballots  counted  noted  on  said  books ;  and  the 
names  therein  marked  "rejected,"  or  otherwise  disposed  of,  shall 
be  counted  and  the  number  set  down  at  the  foot  of  the  registra- 
tion book  or  list,  and  any  variance  between  that  and  the  number 


208  CHARTER. 

of  rejected  ballots  noted  in  like  manner.  The  registration  books 
shall  then  be  returned  to  the  county  clerk  in  the  manner  now  pro- 
vided by  law  for  the  return  of  poll  books.     [R.  S.  1899,  Sec.  7208] . 

Sec.  14.  Pay  of  registration  officers — expenses. — ^Each  regis- 
tration officer,  including  deputies,  shall  receive  for  his  services, 
under  this  article,  three  dollars  per  day  for  each  day  necessarily 
occupied  in  the  discharge  of  his  duties,  and  all  other  officers  shall 
receive  the  like  fees  as  now  allowed  by  law  for  similar  services. 
All  expenses  incurred  under  this  article  shall  be  paid  out  of  the 
respective  county  treasuries.     [R.  S.  1899,  Sec.  7209]. 

Sec.  15.  Elections,  how  conducted. — All  elections  in  such 
city  shall  be  conducted  in  all  respects  as  provided  in  this  article, 
and  subject  to  all  the  provisions  of  the  Revised  Statutes,  entitled 
"of  elections,"  so  far  as  the  same  do  not  conflict  with  this  article. 
[R.  S.  1899,  Sec.  7210]. 

Sec.  16.  Additional  lists  to  be  furnished  by  county  clerk. — 
In  case  any  such  city  shall  desire  one  or  more  certified  lists  of  the 
registered  voters  resident  within  their  corporate  limits,  to  be 
used  by  the  judges  of  the  election  at  any  corporate  election,  the 
clerk  of  the  county  court  is  directed,  on  demand  of  the  lawful 
authorities  of  such  city,  to  make  out  and  certify  such  lists,  but  all 
expenses  thereof  shall  be  paid  by  the  said  city.  [R.  S.  1899,  Sec. 
7211]. 

Sec.  17.  Circuit  courts  to  have  supervisory  control  of  regis- 
tration.— The  circuit  courts  of  the  several  counties  shall  have  a 
supervisory  control  over  the  registration  officers  appointed  or 
elected  by  virtue  of  this  article,  and  the  clerks  of  the  county 
courts,  touching  all  matters  appertaining  to  the  registration  of 
voters.     [R.  S.  1899,  Sec.  7212]. 

Sec.  18.  Special  registration,  day  of. — There  shall  be  a 
special  registration  hehl  according  to  the  provisions  of  this  arti- 
cle, commencing  on  the  31st  day  of  March,  1890,  in  all  the  counties 
of  this  state  containing  cities  of  twenty-five  thousand  and  less 
than  thirty  thousand  inhabitants  for  said  cities.  [R.  S.  1899,  Sec. 
7213]. 


ART.  XXX.  REGISTRATION.  209 

Sec.  19.  Additional  registration,  etc. — Additional  registra- 
tion shall  be  made  for  special  elections,  except  elections  for  school 
purposes,  but  after  the  special  registration  provided  for  in  the 
next  preceding  section  shall  have  been  made  no  special  election 
shall  be  invalidated  because  of  a  failure  to  make  such  registra- 
tion.     [R.  S.  1899,  Sec.  7214]. 

Sec.  20.  Voting  precincts — duty  of  common  council. — The 
common  council  of  every  city  in  which  registration  of  voters  may 
be  had  under  and  by  virtue  of  any  special  charter,  or  under  the 
provisions  of  this  article,  may,  by  ordinance,  provide  for  two  or 
more  voting  precincts  in  each  ward  of  such  city,  and  such  com 
mon  council  may,  by  ordinance,  make  such  provisions  as  to  judg'5=r 
and  clerks  of  elections  and  additional  copies  of  registration  lists 
and  the  use  of  such  copies  at  such  voting  precincts  as  may  be  nec- 
essary in  the  premises.      [R.  S.  1899,  Sec.  7215]. 

Sec.  21.  Registrar  not  to  be  candidate. — No  registrar  shall 
be  a  candidate  for  any  office  under  the  laws  of  this  state  at  the 
general  or  special  election  for  which  registration  has  been  made 
by  him.     [R.  S.  1899,  Sec.  7216]. 

Sec.     22.      Restrictions — illegal    registration — penalty. — No 

person  shall  register  in  any  election  district  other  than  the  one  in 
which  he  resides  at  the  time  of  registration.  Any  person  register- 
ing under  an  assumed  name,  or  name  other  than  his  own,  or  who 
shall  register  in  more  than  one  election  district  at  any  registra- 
tion, or  shall  wilfully  and  illegally  procure  his  name  to  be  placed 
upon  the  registration  lists  of  voters,  when  not  entitled  thereto, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
nor  more  than  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  six  months  nor  more  than  one  year,  or 
by  both  such  fine  and  imprisonment.      [R.  S.  1899,  Sec.  7217]. 

Sec.  23.  Corrupt  registration — refusal  to  register  qualified 
voters — penalty  on  registrar. — Any  registrar  who  shall  know- 
ingly and  corruptly  register  any  person  as  a  voter  who  is  not  en- 
titled so  to  be  registered,  and  any  registrar  who  shall  wilfully 
and  maliciously  or  corruptly  refuse  to  register  any  person  entitled 
to  be  registered  as  a  voter  shall  on  conviction  thereof  be  punished 

14 


210  CHARTER. 

by  a  line  not  to  exceed  live  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  to  exceed  one  year ;  and  shall  for  ten  years 
thereafter  be  disqualifiea  from  voting  at  any  election  held  in  this 
state,  or  from  holding  any  office  of  honor,  profit  or  trust  under  the 
laws  of  this  state.     [R.  ir..  1899,  Sec.  7218]. 

Sec.  24.  Challenge  by  registrar — proceedings. — If  the  right 
of  any  person  to  register  as  a  qualified  voter  be  challenged,  or  if 
the  registrar  doubts  the  qualifications  of  any  person  applying  for 
registration,  such  person  shall  file  with  the  registrar  his  second 
written  statement  as  to  his  qualifications  as  a  voter,  as  prescribed 
by  the  provisions  of  this  article,  which  statement  shall  be  conclu- 
sive of  the  facts  therein  contained,  and  shall  be  returned  by  the 
registrar,  with  his  books  to  the  county  clerk  of  the  county,  and 
filed  and  preserved  by  him.     [R.  S.  1899,  Sec.  7219]. 

Sec.  25.  Destroying  or  taking  by  violence  registration  book, 
penalty. — Whoever  shall  wilfully  and  maliciously  destroy,  muti- 
late or  deface,  or  take  by  violence  from  any  registrar,  judge  of 
election,  county  clerk  or  other  proper  custodian,  or  steal,  take 
and  carry  away  from  its  proper  custodian  any  book  of  registra- 
tion or  list  of  voters  required  by  this  article  to  be  made  or  kept, 
shall,  on  conviction  thereof,  be  punished  by  imprisonment  in  the 
county  jail  not  more  than  twelve  months,  or  by  a  fine  not  exceed- 
ing five  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 
[R.  S.  1899,  Sec.  7220]. 

Sec.  26.     Justice  of  county  court  failing  of  duty,  penalty. — 

Any  justice  of  the  county  court,  or  any  other  officer  who  shall  be 
charged  with  the  performance  of  any  duties  appertaining  to  the 
registration  of  voters  who  shall  wilfully  and  corruptly  fail  or  re- 
fuse to  perform  the  same  shall  be  deemed  guilty  of  a  misdemeanor 
in  office.     [R.  S.  1899,  Sec.  7221]. 


ART.  XXXI.  DRAMSHOPS.  211 


ARTICLE      XXXI. 

DRAMSHOPS. 

Section  |   Section 

1.     Dramshop-keeper  defined.  I         2.     No   license   to   be   granted  with- 

out petition. 

Section  1.  Dramshop  keeper  defined. — A  dramshop  keeper 
is  a  person  permitted  by  law,  being  licensed  according  to  the  pro- 
visions of  this  article,  to  sell  intoxicating  liquors  in  any  quantity, 
either  at  retail  or  in  the  original  package,  not  exceeding  ten  gal- 
lons.    [R.  S.  1899,  Sec.  2990].     (a) 

Sec.  2.     No  license  to  be  granted  without  petition. — It  shall 

not  be  lawful  for  any  county  court  in  this  state  or  clerk  thereof 
in  vacation,  or  any  other  authority  to  grant  any  license  to  keep  a 
dramshop  in  any  town  or  city  containing  two  thousand  inhab- 
itants or  more  until  a  majority  of  the  assessed  taxpaying  citizens 
and  guardians  of  minors  owning  property  in  the  block  or  square 
in  which  the  dramshop  is  to  be  kept  shall  sign  a  petition  asking 
for  such  license  to  keep  a  dramshop  in  such  block  or  square  in 
such  town  or  city ;  nor  in  any  city  containing  less  than  two  thou- 
sand inhabitants,  nor  in  any  incorporated  town  or  municipal 
township  until  a  majority,  both  of  the  assessed  taxpaying  citi- 
zens and  guardians  of  minors  owning  property  therein  and  in  the 
block  or  square  in  which  the  dramshop  is  to  be  kept  shall  sign  a 
petition  asking  for  such  license  to  keep  a  dramshop  therein,  which 
said  petition  shall  be  filed  in  the  office  of  the  clerk  of  the  county 
court  not  less  than  ten  (10)  days  before  the  first  day  of  the  court 
to  which  it  is  to  be  presented  and  remain  on  file  for  public  in- 
spection, and  by  said  clerk  laid  before  the  court  at  the  first  terni 
thereafter,  and  all  dramshop  license  issued  contrary  to  the  pro- 
visions of  this  section  shall  be  void  :  Provided,  said  petition  shall 
be  in  force  and  effect  for  a  period  of  one  year  from  the  date  of 

(a)  An  incorporated  club  is  not  a  "person"  within  the  meaning  of  the 
dramshop  act  regulating  the  sale  of  intoxicating  liquors  and  requiring 
a  "person"  to  take  out  license  as  a  dramshop  keepeer:  The  State 
ex  rel.  v.  The  St.  Louis  Club,  125  Mo.  308. 


212  CHARTER. 

the  granting  of  the  first  license  thereon  and  no  longer,  and  no 
license  shall  continue  in  force  longer  than  the  petition  upon  which 
it  is  granted :  Provided,  no  minor  shall  be  counted  on  said  peti- 
tion or  against  said  petition,  and  that  no  person  or  persons  to 
whom  any  real  estate  or  other  property  has  been  deeded,  trans- 
ferred, conveyed  or  donated  for  the  purpose  of  making  him  or 
them  eligible  to  sign  such  a  petition  shall  be  counted  for  or  against 
such  petition :  Provided,  that  in  all  cities  of  the  second  class  no 
license  shall  be  granted  unless  the  petition  therefor  shall  have  en- 
dorsed thereon  the  approval  of  the  mayor  and  president  of  the 
board  of  police  commissioners  of  such  city.  [Laws  of  1903,  page 
170]. 


ART.  XXXII. 


PLUMBING. 


213 


ARTICLE     XXXII. 


PLUMBING. 


Section 

1.  Application  of  act. 

2.  Creating    board    for    the    exami- 

nation of  plumbei  s. 

3.  Plumbers    required    to    pass    ex- 

amination  for   license. 

4.  Who  shall  constitute  board. 

5.  Mayor  shall  appoint  members  of 

board. 

6.  Duties  of  board. 


10. 


11. 


Organization  of  board. 

Powers   of  board. 

Fee  for  examination — renewal 
of  certificate. 

City  shall,  by  ordinance,  pro- 
vide for  regulating  the  bus- 
iness of  plumbing. 

Penalty  for  violation  of  law. 


Section  1.  Application  of  act. — Any  person,  firm  or  corpo- 
ration desiring  to  engage  or  continue  in  the  business  of  plumbing 
or  drain  laying,  either  as  a,  master  plumber  or  as  a  journeyman 
plumber,  or  as  a  plumbing  inspector  in  any  city  or  town  in  this 
state  having  a  population  of  fifty  thousand  or  more  inhabitants 
shall  first  comply  with  the  provisions  of  this  act.  [Laws  of  1903, 
page  82]. 

Sec.  2.     Creating  board  for  the  examination  of  plumbers. — 

There  shall  be  in  every  such  city  or  town  a  board  of  examiners 
which  shall  be  known  as  the  board  for  the  examination  of  plumb- 
ers.    [Laws  of  1903,  page  82]. 

Sec.  3.     Plumbers  required  to  pass  examination  for  license.^ 

Every  person  desiring  to  engage  in  or  work  at  the  business  or 
trade  of  plumbing,  except  apprentices  working  with  duly  licensed 
plumbers,  shall  first  be  examined  by  and  obtain  from  said  board 
a  certificate  of  his  qualification  and  fitness  to  carry  on  and  work 
at  the  business  or  trade  of  plumbing.     [Laws  of  1903,  page  83]. 


Sec.  4.  Who  shall  constitute  board. — In  all  cities  or  towns 
provided  for  in  this  act  said  board  shall  be  composed  of  the  fol- 
lowing persons: 

1st.  The  chief  plumbing  inspector  of  said  city  or  town,  who 
shall  be  chairman  ex  officio,  and  who  shall  serve  on  the  said  board 
without  pay. 


214  CHARTER. 

2nd.  One  master  or  employing  plumber  and  one  journey- 
man plumber,  each  of  whom  are  residents  of,  and  shall  have  re- 
sided in  said  city  or  toAvn  for  at  least  three  years  next  before 
their  appointment,  and  who  shall  have  been  actively  engaged  at 
the  business  bv  trade  of  plumbing  for  not  less  than  five  years, 
which  two  members  shall  be  appointed  by  the  mayor  of  said  city 
or  town,  and  shall  hold  their  respective  offices  at  the  pleasure  of 
the  mayor  of  said  citj'  or  town,  whose  compensation  shall  be 
fixed  by  ordinance  of  said  city  or  town,  to  be  paid  out  of  the 
general  revenue  of  said  city  or  town.     [Laws  of  1903,  page  83]. 

Sec.  5.  Mayor  shall  appoint  members  of  board. — It  shall  be 
the  duty  of  the  mayor  of  the  cities  or  towns  provided  for  in  this 
act,  within  thirty  days  after  the  provisions  of  this  act  shall  take 
effect,  to  make  the  appointments  therein  provided  for,  and  to  call 
a  meeting  of  said  board  within  ten  days  thereafter  for  the  pur- 
pose of  organizing  said  board,  and  to  have  the  provisions  of  this 
act  enforced.     [Laws  of  1903,  page  83]. 

Sec.  6.  Duties  of  board. — It  shall  be  the  duty  of  the  mem- 
bers of  said  board,  when  notified  by  the  mayor  of  said  city  or 
town,  to  meet  and  organize,  adopt  rules  to  carry  into  effect  the 
provisions  of  this  law,  and  designate  the  times  and  places  of 
meeting  for  the  examination  of  applicants  as  to  their  practical 
and  mechanical  knowledge  of  plumbing,  house  drainage  and 
plumbing  ventilation;  and  upon  satisfactory  proof  of  the  quali- 
fication and  fitness  of  the  applicant  shall  so  certify  to  the  chief 
supervisor  or  inspector  of  plumbing  of  said  city  or  town.  Said 
board  shall  thereupon  issue  a  license  to  such  applicant  authoriz- 
ing him  to  engage  in  or  work  at  the  business  or  trade  of  plumb- 
ing or  drain-laying  as  a  master  or  employing  plumber  or  as  a 
journeyman  plumber.     [Laws  of  1903,  page  83]. 

Sec.  7.  Organization  of  board. — The  board  shall  elect  one 
of  its  members  secretary,  whose  duties  shall  be  to  keep  a  record 
of  the  business  transacted  by  the  board,  and  to  account  for  all 
moneys  collected  by  him,  and  who  shall  be  required  to  execute  a 
bond  to  said  city  or  town  in  the  sum  of  one  thousand  ($1,000.00) 
dolhirs,  to  be  approved  by  the  mayor  of  said  city.  [Laws  of 
1903,  page  83]. 


ART.  XXXII.  PLUMBING.  215 

Sec.  8.  Powers  of  board. — The  board  shall  have  the  power 
to  revoke  any  license  issued  by  it  upon  satisfactory  proof  that  the 
holder  of  said  license  has  violated  any  of  the  provisions  of  this 
act  or  any  city  ordinance  intended  to  carry  the  provisions  of  this 
act  into  effect,  or  for  violation  of  any  rule  of  said  board,  and  if 
any  such  license  shall  be  revoked,  the  same  shall  not  be  reissued 
within  six  (6)  months  thereafter.  If  any  person,  firm  or  corpora- 
tion be  charged  with  violation  of  any  of  the  provisions  of  this  act, 
it  shall  be  the  duty  of  the  secretary  of  the  board  to  serve  a  copy 
of  said  charges  in  writing  on  the  person,  firm  or  corporation  so 
charged  and  notify  him  to  appear  on  a  day  certain  before  said 
board  and  show  cause  why  his  license  should  not  be  revoked. 
[Laws  of  1903,  page  83]. 

Sec.  9.  Fee  for  examination — renewal  of  certificate. — The 
examination  fee  for  a  master  or  employing  plumber  shall  be  two 
($2.00)  dollars.  The  fee  for  a  journeyman  plumber  shall  be  two 
($2.00)  dollars,  which  fee  shall  be  paid  to  the  secretary  of  said 
board  when  the  applicant  for  a  license  files  his  application  for 
examination.  All  fees  so  paid  to  the  secretary  shall  be  paid  by 
him  to  the  treasurer  of  said  city  or  town.  Any  license  issued 
by  any  such  board  shall  be  valid  throughout  this  state,  and  each 
license  so  issued  shall  be  renewed  annually  upon  the  payment  to 
the  secretary  of  the  board  renewing  the  same  a  fee  of  one  ($1.00) 
dollar,  and  the  same  may  be  renewed  by  any  board  created  by 
this  act.     [Laws  of  1903,  page  84]. 

Sec.  10.  City  shall,  by  ordinance,  provide  for  regulating  the 
business  of  plumbing. — Every  city  or  town  provided  for  in  this 
act  shall,  by  ordinance  or  by  regulation  of  its  board  of  health, 
within  six  (6)  months  from  and  after  the  passage  of  this  act, 
provided  said  city  or  town  now  has  no  such  ordinance  or  rule  as 
hereinafter  described,  prescribe  rules  and  regulations  for  the  ma- 
terials, construction,  alteration  and  inspection  of  all  pipes,  fau- 
cets, tanks,  valves  and  other  fixtures  by  and  through  which  water 
is  to  be  carried  into  any  building  or  by  and  through  which  any 
waste  water  or  sewerage  is  to  be  used  and  carried  out  of  and  away 
from  any  building  and  provide  that  no  such  pipes,  tanks,  faucets, 
valves,  connections  and  other  fixtures  shall  be  placed  in  any  build- 
ing in  such  city  or  town,  except  in  accordance  with  the  plans 
which  shall  be  approved  by  the  ordinance  of  such  city  or  town, 


216  CHARTER. 

and  shall  provide  that  no  plumbing  or  drain-laying  shall  be  done 
in  such  city  or  town,  except  in  case  of  repairing  leaks,  without 
a  permit  having  first  been  issued  therefor  authorizing  such  work 
to  be  done  in  the  manner  prescribed  by  the  ordinance  of  such 
city  or  town,  and  in  all  such  cities  or  towns  there  shall  be  one  or 
more  plumbing  inspectors  who  shall,  if  not  otherwise  provided 
for  by  ordinance,  be  appointed  b}''  the  mayor  of  such  city  or  town, 
and  such  inspectors  shall  be  duly  licensed  plumbers,  and  whose 
duties,  term  of  office  and  compensation  shall  be  fixed  by  the  ordi- 
nance of  such  city  or  town.      [Laws  of  1903,  page  84] . 

Sec.  11.  Penalty  for  violation  of  law. — Any  person,  firm  or 
corporation,  or  the  agent  or  officer  of  any  such  person,  firm  or 
corporation  who  shall  violate,  or  cause  or  permit  to  be  violated 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  therefor  shall  be  fined  not  less 
than  ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars  for  each  offense.     [Laws  of  1903,  page  84]. 


ART.  XXXIII. 


MISCELLANEOUS  PROVISIONS. 


217 


ARTICLE    XXXIII 


MISCELLANEOUS  PROVISIONS. 


Section 

1.  Persons   charged   with   collection 

of  money  shall  pay  same  over 
to   city  treasurer. 

2.  Ordinances       and       pi  oceedings, 

how  proved. 

3.  Repeal  of  acts,   how   construed. 

4.  Warrants   to    issue    for   violation 

of  ordinances. 

5.  Who    to   be    conservators   of   the 

peace. 
Justice  of  the  peace  may  act  as 
judge  of  the  police  court. 


6. 


Section 

7.  Officers  to  hold  until  successora 

are   qualified. 

8.  City  to  give  bond  on  taking  ap- 

peal. 
Cannot       sanction       or       license 

bawdy  house  or  gambling. 
Smoke  abatement — penalties. 
Cities  empowered  to  enforce  act 

by  ordinance. 
Public  utilities  disposed  of,  how. 
Work  to  be  let  by  contract. 


9. 


10. 
11. 


12. 
13. 


Section  1.  Payments  to  the  treasurer. — All  persons  charged 
with  the  collection  of  money  under  the  charter  and  ordinances 
of  the  city  shall  promptly  pay  the  same  over  to  the  city  treas- 
urer, under  such  penalty  as  may  be  prescribed  by  ordinance,  and 
the  treasurer  shall  issue  duplicate  receipts  therefor,  one  of  which 
shall  be  handed  by  the  person  receiving  the  same  forthwith  to 
the  auditor,  and  the  other  shall  be  countersigned  by  the  auditor 
before  it  shall  be  valid  for  any  purpose  in  favor  of  such  persons 
receiving  the  same.      [R.  S.  1899,  Sec.  5571]. 

Sec  2.  Ordinances,  authentication  of. — All  ordinances,  res- 
olutions and  proceedings  of  the  city  may  be  approved  by  the  seal 
of  the  corporation,  attested  by  the  officer  having  charge  thereof, 
and  when  printed  and  published  by  authority  of  the  corporation 
the  same  shall  be  received  in  evidence  in  all  courts  and  places 
without  further  proof.      [R.  S.  1899,  Sec.  5694] . 

Sec  3.  Effect  of  this  article  on  accrued  rights,  etc.— The 
repeal  of  any  act  by  the  provisions  of  this  article  shall  not  in  any- 
wise be  so  construed  as  to  affect  any  right  or  liability  acquired  or 
accrued  thereunder,  by  or  on  the  part  of  the  city  or  any  person  or 
body  corporate.     [R.  S.  1899,  Sec.  5695]. 

Sec  4.  Warrant  to  issue,  when. — A  warrant  shall  issue  in 
all  cases  in  favor  of  such  city  for  a  violation  of  any  ordinance, 


218  CHARTER. 

by-law  or  other  regulations  when  any  person  shall  make  oath  or 
affirmation  that  such  violation  has  been  committed,  or  upon  in- 
formation by  the  city  attorney.      [R.  S.  1899,  See.  5696]. 

Sec.  5.  Certain  officers  conservators  of  the  peace. — The 
mayor,  aldermen,  chief  of  police,  and  all  police  officers  shall  be 
conservators  of  the  peace,  and  all  officers  of  the  city  created  con- 
servators of  the  peace  under  this  article,  or  authorized  by  any  or- 
dinance, shall  have  power  to  arrest  or  cause  to  be  arrested,  with 
or  without  process,  all  persons  who  shall  break  the  peace,  or  be 
found  violating  any  ordinance  of  the  eitj'^  or  laws  of  the  state, 
commit  for  examination,  and,  if  necessary,  detain  such  person 
over  night,  or  on  the  Sabbath,  in  the  city  prison,  or  any  other 
safe  place,  or  until  they  can  be  brought  before  the  judge  of  the 
police  court,  or  other  proper  officer,  and  shall  have  and  exercise 
such  other  powers  as  conservators  of  the  peace  as  the  common 
council  may  prescribe.     [R.  S.  1899,  Sec.  5697]. 

Sec.  6.  When  justice  may  act. — In  case  of  the  sickness  or 
absence  from  the  city  of  the  judge  of  the  police  court  some  jus- 
tice of  the  peace,  resident  within  the  city,  to  be  designated  by 
said  judge  of  the  police  court,  or  upon  his  failure  to  designate, 
then  by  the  mayor,  shall  perform  the  duties  of  judge  of  the  po- 
lice court,  and  judgments  rendered  by  such  justice,  so  acting, 
shall  have  the  same  force  and  effect  as  the  judgments  of  the 
judge  of  the  police  court.     [R.  S.  1899,  Sec.  5698] . 

Sec.  7.  Tenure  of  present  incumbents. — All  persons  now 
in  office  in  said  city  shall  hold  their  offices  until  their  successors 
are  elected  or  appointed  and  qualified,  as  herein  provided.  [R. 
S.  1899,  Sec.  5699]. 

Sec.  8.  City  to  give  bond  on  appeal. — Such  city,  in  taking 
an  appeal  or  prosecuting  a  writ  of  error  in  any  judicial  proceed- 
ing, shall  give  bonds,  as  required  by  law;  but  it  is  hereby  re- 
leased from  the  obligations  of  law  to  furnish  security  therefor. 
All  such  bonds  shall  be  executed  by  the  mayor,  and  shall  be  taken 
in  all  courts  of  this  state  as  a  full  compliance  with  the  law  in  such 
cases,  and  all  acts  and  parts  of  acts  inconsistent  with  this  provis- 
ion are  hereby  repealed.  In  all  actions  brought  by  or  against 
such  city  the  inhabitants  of  the  city  may  be  jurors  or  witnesses, 
if  otherwise  competent  and  qualified.      [R.  S.  1899,  Sec.  5700]. 


ART.  XXXIII.        MISCELLANEOUS  PROVISIONS.  219 

Sec.  9.  Gambling  and  bawdy  houses  prohibited — penalty. — 
Every  person  who  shall  set  up  or  keep  a  common  gaming  house, 
or  bawdy  house  or  brothel  or  house  of  assignation,  shall,  on  con- 
viction, be  adjudged  guilty  of  a  misdemeanor  and  punished  by  a 
fine  not  less  than  two  hundred  nor  exceeding  one  thousand  dol- 
lars;  and  it  shall  not  be  lawful  for  any  county,  township,  city  or 
town  in  this  state,  directly  or  indirectly,  to  license,  regulate  or 
place  under  the  sanction  of  law  gambling  or  gammg  houses, 
bawdy  houses  or  brothels,  or  houses  of  ill  fame  or  assignation, 
under  any  pretenses  whatever.      [R.  S.  1899,  Sec.  2197]. 

Sec.  10.  Smoke  abatement — penalties. — The  emission  or  dis- 
charge into  the  open  air  of  dense  smoke  within  the  corporate 
limits  of  cities  of  this  state  which  now  have  or  may  have  here- 
after a  population  of  one  hundred  thousand  inhabitants  is  hereby 
declared  to  be  a  public  nuisance.  The  owners,  lessees,  occupants, 
managers  or  agents  of  any  building,  establishments  or  premises 
from  which  dense  smoke  is  so  emitted  or  discharged  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
in  any  court  of  competent  jurisdiction,  shall  pay  a  fine  of  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars. 
And  each  and  every  day  whereon  such  smoke  shall  be  emitted  or 
discharged  shall  constitute  a  separate  offense :  Provided,  how- 
ever, that  in  any  suit  or  proceeding  under  this  act  it  shall  be  a 
good  defense  if  the  person  charged  with  a  violation  thereof  shall 
show  to  the  satisfaction  of  the  jury  or  court  trying  the  facts 
that  there  is  no  known  practicable  device,  appliance,  means  or 
method  by  application  of  which  to  his  building,  establishment  or 
premises  the  emission  or  discharge  of  the  dense  smoke  complained 
of  in  that  proceeding  could  have  been  prevented.  [Laws  of  1901, 
page  73]. 

Sec.  11.  Cities  empowered  to  enforce  act  by  ordinance. — All 
cities  to  which  the  provisions  of  this  act  are  applicable  are  hereby 
empowered  to  enact  all  necessary  or  desirable  ordinances,  not 
inconsistent  with  the  provisions  herein,  nor  the  constitution,  nor 
any  general  law  of  this  state,  in  order  to  carry  out  the  provisions 
of  this  act.      [Laws  of  1901,  page  74]. 

Sec.  12.  Public  utilities  disposed  of,  how. — ^Before  any  city 
of  the  second  class  shall  sell  or  dispose  of  in  any  way  or  abandon 
or  cease  to  operate  any  electric  light  plant,  waterworks  plant. 


220  CHARTER. 

gas  plant,  street  railway  or  any  other  public  utility  which  may 
be  owned  by  it,  it  shall  first  submit  the  proposition  for  such  sale 
or  disposition  or  abandonment  or  ceasing  to  operate  by  ordinance 
to  the  qualified  voters  of  said  city,  either  at  a  general  election 
or  a  special  election  held  for  that  purpose,  and  it  shall  require 
a  majority  of  the  votes  cast  at  said  election  for  and  against  such 
proposition  to  be  in  favor  of  the  proposition  before  any  authority 
shall  exist  for  such  sale,  disposition,  abandonment  or  ceasing  to 
operate.      [Laws  of  1903,  page  67]. 

Sec.  13.  Work  to  be  let  by  contract. — All  city  improvements 
of  whatever  kind  or  character,  including  the  erection  of  all  pub- 
lic buildings  made  or  to  be  erected  at  the  expense  of  said  city, 
shall  be  let  by  contract  to  the  lowest  and  best  bidder,  and  shall 
be  prescribed  by  ordinance :  Provided,  that  nothing  in  this  sec- 
tion shall  be  so  construed  as  to  prevent  the  repair,  b}^  day's  work, 
of  streets,  sewers,  culverts,  buildings  or  other  city  property,  so 
far  as  may  be  necessary  for  their  preservation,  under  the  direc- 
tion of  the  city  engineer  or  other  proper  officer,  when  such  repairs 
shall  have  been  ordered  to  be  made  by  a  vote  of  the  common 
council.     [R.  S.  1899,  Sec.  5693J. 


ART.  XXXIV.  BRIDGES  AND  TUNNELS.  221 


ARTICLE     XXXIV. 

BRIDGES  AND  TUNNELS. 
Section     l.     Cities    of    100,000    may    acquire    bridges  and  tunnels,  liow. 

Section  1.  Cities  of  100,000  may  acquire  bridges  and  tun- 
nels, how. — ^All  cities  in  this  state  liaving  one  hundred  thousand 
iuliabitants  or  over  are  hereby  given  tlie  power  and  authority  to 
build  or  acquire  by  purchase,  lease,  gift  or  otherwise,  within  their 
corporate  limits  or  within  a  reasonable  distance  outside  thereof, 
a  bridge  or  bridges,  or  a  tunnel  or  tunnels  for  public  use  by  rail- 
roads, street  cars,  vehicles  of  all  kinds  and  pedestrians,  over  or 
under  rivers  and  streams  in  Missouri  or  those  forming  a  boundary 
between  this  and  other  states,  and  to  acquire,  hold,  use  and  re- 
tain by  purchase,  lease,  gift  or  otherwise  land  to  be  used  for  ap- 
proaches for  and  in  the  construction,  operation  and  maintenance 
of  said  bridge  or  bridges,  tunnel  or  tunnels,  in  this  and  other 
states,  and  to  maintain,  use  and  operate  said  bridge  or  bridges, 
tunnel  or  tunnels,  either  as  toll  or  free  bridges  or  tunnels,  as  may 
by  said  cities  be  deemed  expedient.      [Laws  of  1905,  page  94]. 


REVISED  ORDINANCES. 


CHAPTER     I. 


ACCIDENTS— EVIDENCE    TO    BE    PRESERVED. 


Section 

1.  Policeman   to   notify  chief  of  ac- 

cident. 

2.  Duties  of  city  officers  on  receipt 

of  notice. 

3.  Engineer     to     diagram     location, 

etc. 


Section 

4.  Effort    to    obtain    settlement    for 

injury. 

5.  Blank  form  to  be  prepared. 


Section  1.  Policemen  to  notify  chief  of  accident. — It  shall 
hereafter  be  the  duty  of  any  policeman  in  the  city  of  St.  Joseph 
to  notify  the  chief  of  police  of  any  accident  or  injury  to  persons 
or  property  occurring  at  any  time  within  the  bounds  of  the  beat 
of  such  .policeman,  and  the  notification  of  such  policeman  shall 
be  in  writing  stating  the  nature  of  the  accident,  the  name  of  the 
person  or  kind  of  property  injured,  and  the  time  and  place  at 
which  the  accident  occurred.     [R.  0.  1897,  Chap.  2,  Sec.  1.] 

Sec.  2.  Duties  of  city  oflficers  on  receipt  of  notice. — Immedi- 
ately upon  receiving  the  information  mentioned  in  section  1,  the 
chief  of  police  shall  transmit  a  copy  thereof  to  the  city  counselor, 
and  in  case  of  personal  injuries  it  shall  be  the  duty  of  the  city 
counselor  or  his  assistant  to  proceed  at  once  to  the  place  of  such 
accident  and  ascertain  from  all  available  witnesses  the  manner  in 
which  the  accident  occurred  and  the  cause  thereof,  if  possible, 
and  reduce  to  writing  the  names  and  places  of  residence  of  such 
witnesses,  together  with  the  substance  of  their  evidence ;  and  it 
shall  also  be  the  duty  of  the  city  physician  and  the  city  counselor 
or  his  assistant  to  visit  the  person  injured  and  ascertain  the 
nature  and  extent  of  the  injury  received,  and  obtain  from  him  a 
statement  of  the  manner  and  cause  of  the  accident;  and  if  the 
circumstances,  in  the  opinion  of  said  officers  require  it,  the  city 
physician  shall  offer  to  attend  to  the  injuries  of  such  person  free 
of  charge.     The  city  counselor  shall  reduce  to  writing  and  keep 


224  REVISED  ORDINANCES.  CHAP.  I, 

in  his  office  all  the  information  so  obtained  respecting  each  per- 
sonal injury  case  and  transmit  the  same  to  his  successor  in  office. 
[G.  0.  No.  872,  Sec.  1]. 

Sec.  3.  Engineer  to  diagram  location,  etc. — It  shall  be  the 
duty  of  the  chief  of  police  to  notify  the  city  engineer  in  writing 
of  the  time  and  location  of  such  accident,  and  immediately  there- 
upon the  city  engineer  shall  cause  the  spot  or  location  of  said 
accident  to  be  diagramed  or  photographed,  and  obtain  the  names 
and  statement  of  witnesses  as  to  the  nature  and  condition  of  the 
street,  alley  or  sidewalk  where  such  accident  occurred,  and  upon 
reducing  the  same  to  writing,  shall  transmit  the  same  to  the  city 
counselor,  who  shall  preserve  such  information  in  such  manner 
and  for  the  same  purpose  as  required  in  section  two.  [R.  0.  1897, 
Chap.  2,  Sec.  3]. 

Sec.  4.  Effort  to  obtain  settlement  for  injury. — In  case  of 
injuries  arising  from  defects  or  obstructions  in  streets,  alleys  or 
sidewalks,  it  shall  be  the  duty  of  the  city  counselor,  upon  visiting 
the  person  injured  and  ascertaining  the  nature  and  extent  of 
such  injuries,  and  the  circumstances  attending  the  same,  to  recom- 
mend, if  in  his  opinion  the  circumstances  justify  it,  to  the  judi- 
ciary committee  of  the  common  council,  a  basis  of  settlement 
for  such  injuries,  stating  therein  the  nature  and  extent  of  the 
injuries  received  by  such  person,  and  an  amount  which  would  be 
a  proper  and  just  allowance  for  such  injuries,  and  upon  such 
recommendation,  if  the  judiciary  committee,  or  a  majority  thereof, 
shall  approve  the  same,  then  the  city  counselor  shall  have  the  au- 
thority to  settle  with  such  person  for  such  amount;  Provided,  that 
such  person  so  injured  shall  sign  an  agreement  to  the  effect  that 
upon  payment  of  said  amount,  the  city  of  St.  Joseph  shall  be 
released  from  all  further  liability  on  account  of  such  injury,  but 
no  such  settlement  or  agreement  shall  be  binding  upon  the  city 
until  an  ordinance  appropriating  money  to  pay  the  same  shall 
have  been  passed  by  the  common  council  and  approved  by  the 
mayor.     [G.  O.  No.  875.  Sec.  1] . 

Sec.  5.  Blank  forms  to  be  prepared. — The  city  clerk  and 
city  counselor  are  hereby  instructed  to  prepare  blank  forms  for 
the  reports  of  the  different  officers  mentioned  herein,  and  to  so 
prepare  them  as  to  carry  into  effect  all  the  terms  of  this  ordinance. 
[R.  O.  1897,  Chap.  2,  Sec.  5]. 


AMUSEMENTS— SHOWS. 


225 


CHAPTER    II 


AMUSEMENTS— SHOWS. 


Section 
6.     Public 


10. 


11. 


12. 


13. 
14. 


entertainments,  amuse- 
ments,   etc.,    license    therefor. 

Ten  pin  alley,  license  therefor. 

Pistol  or  shooting  gallery,  baby 
rack,  cane  rack,  knife  board, 
license    for. 

Horoscopic  or  stereoscopic 
views,  license  for. 

Magnifying  glass,  telescope, 
lung  tester,  muscle  developer, 
weighing  machine,  license  for. 

Merry-go-round,  riding  gallery, 
revolving  swing,    license   for. 

Wild  west  shows  or  exhibitions 
and  parades. 

Penalty   for   violation. 

Selling  or  renting  automatic 
phonographs. 


Section 


15. 
16. 


17. 
18. 


19. 
20. 


21. 


23. 


24. 


Fairs,  license  for. 

License  for  theaters  and  opera 
houses,  how  paid. 

Same,    license    forfeited   when. 

Place  of  public  amusement, 
regulating  doors  thereof. 

Same,    penalty. 

Places  of  amusement,  chairs 
not  to  be  kept  in  passage 
way. 

Ingress  and  egress  in  front  of 
opera  houses. 

Same,   penalty. 

Firemen  as  Inspectors  in  thea- 
ters. 

Fire  drill  for  stage  employes. 


Sec.  6.  Public  entertainments  —  amusements,  etc.,  license 
for. — No  person  shall  give  a  public  entertainment  for  gain  or 
profit  without  a  license  therefor  from  said  city,  and  the  charge 
for  such  license  shall  be  as  follows : 

First:  Menagerie  and  circus  combined  where  the  admission 
price  is  fifty  (50)  cents,  seventy-five  (75)  dollars  per  day;  which 
license  shall  include  the  privilege  of  a  street  parade,  and  no  street 
parade  shall  be  permitted  unless  a  license  as  aforesaid  has  been 
obtained. 

Second:  Menagerie  and  circus  combined,  where  the  admis- 
sion price  is  twenty-five  (25)  cents,  fifty  (50)  dollars  per  day; 
which  license  shall  include  the  privilege  of  a  street  parade,  and 
no  street  parade  shall  be  permitted  unless  a  license  as  aforesaid 
has  been  obtained. 

Third :  Any  show,  side  show,  street  exhibition  or  amusement, 
ten  (10)  dollars  per  day,  or  thirty  (30)  dollars  per  week. 


15 


226  REVISED  ORDINANCES.  CHAP.  II. 

Fourth:  For  museum  and  theatrical  entertainment  com- 
bined, charging  an  admission  fee  of  less  than  twenty-five  (25) 
cents,  five  (5)  dollars  per  week,  or  fifty  (50)  dollars  per  year, 
but  no  license  shall  be  issued  for  less  than  one  year,  except  at 
weekly  rates. 

Fifth:  For  theater,  opera,  lecture,  concert,  minstrel  per- 
formance, public  ball,  public  masquerade,  public  pedestrian  or 
wrestling  exhibition,  five  (5)  dollars  per  day. 

Sixth:  For  each  opera  house  or  theater,  one  hundred  and 
fifty  (150)  dollars  per  year;  the  license  shall  be  issued  for  one 
year,  and  shall  permit  the  giving  of  all  the  above  enumerated 
entertainments  (excepting  circuses,  menageries  and  equestrian 
exhibitions)  in  the  places  licensed  without  additional  license. 

Seventh :  Any  public  entertainment  not  previously  men- 
tioned, five  (5)  dollars  per  day,  or  twenty-five  (25)  dollars  per 
month. 

Eighth :  No  license  shall  be  required  for  any  entertainment 
given  by  the  citizens  of  this  city,  when  the  same  shall  be  for 
charitable,  benevolent  or  religious  purposes  only. 

Ninth:  Open  air  concert  or  theatrical  entertainments,  five 
(5)  dollars  per  day,  or  twenty-five  (25)  dollars  per  month.  Any 
concert  or  theatrical  entertainment  given  from  a  stage  before  an 
audience  in  the  open  air,  shall  be  deemed  an  open  air  concert 
or  theatrical  entertainment.     CG.  0.  No.  675,  Sec.  1]. 

Sec.  7.  Ten  pin  alley. — No  person  shall  keep  or  take  part 
in  keeping  any  ten  pin  alley,  for  gain  or  profit,  without  a  license 
therefor  from  said  city,  and  the  charge  therefor  shall  be  fifteen 
dollars  per  annum.     [R.  O.  1897,  Chap.  3,  Sec.  2]. 

Sec.  8.  Pistol  or  shooting-  gallery,  baby  rack,  cane  rack, 
knife  board. — No  person  shall  cari-y  on,  or  take  part  in  carrying 
on,  for  gain  or  profit,  any  pistol  gallery  or  shooting  gallery,  knife 
board,  baby  rack  or  cane  rack,  Avithout  a  license  therefor  from 
said  city,  and  the  charge  for  such  license  shall  be  as  follows: 
Shooting   gallery  or  pistol   gallery,  five   dollars  per  month,   or 


AMUSEMENTS -SHOWS.  227 

fifteen  dollars  per  year;  baby  rack,  cane  rack  or  knife  board, 
ten  dollars  per  month  or  twenty-five  dollars  per  year.  [R.  0. 
1897,  Chap.  3,  Sec.  3]. 

Sec.  9.  Horoscopic  or  stereoscopic  views. — No  person  shall 
keep  horoscopic  or  stereoscopic  views  for  gain  or  profit  without 
a  license  therefor  from  said  city,  and  the  charge  for  such  license 
shall  be  ten  dollars  per  annum.      [R.  0.  1897,  Chap.  3,  Sec.  4] . 

Sec.  10.  Magnifying-  glass,  telescope,  lung  tester,  muscle 
developer,  weighing  machine. — No  person  shall,  for  gain  or  profit, 
keep  for  use  by  others,  any  magnifying  glass  or  glasses,  telescope, 
lung  tester,  muscle  developer  or  weighing  machine,  without  a 
license  therefor  from  said  city,  and  the  charge  for  such  license 
shall  be  ten  dollars  per  month.     [R.  0.  1897,  Chap.  3,  Sec.  5]. 

Sec.  11.     Merry-go-round,  riding  gallery,  revolving  swing. — 

No  person  shall  keep,  for  gain  or  profit,  for  use  by  others,  any 
merry-go-round,  riding  gallery,  or  revolving  swing,  without  a 
license  therefor  from  said  city,  and  the  charge  for  such  license 
shall  be  five  dollars  per  month,  or  twenty-five  dollars  per  year. 
[G.  O.  No.  585,  Sec.  1]. 

Sec.  12.  Wild  west  shows  or  exhibitions  and  parades. — No- 
person  shall,  in  this  city,  for  gain  or  profit,  exhibit  a  wild  west 
show  or  give  a  public  entertainment  comprising  an  exhibition  of 
rough  or  reckless  riding,  stage  driving,  sham  battles,  frontier 
scenes,  etc.,  without  a  license  therefor  from  the  city  of  St.  Joseph, 
and  the  charge  for  such  license  shall  be  one  hundred  dollars  per 
day,  which  license  shall  include  the  privilege  of  a  street  parade, 
and  no  street  parade  shall  be  permitted  unless  a  license  as  afore- 
said has  been  obtained,  unless  a  license  for  such  street  parade 
shall  first  be  obtained,  and  the  charge  for  such  license  for  such 
street  parade  shall  be  one  hundred  dollars  for  each  parade, 
[G.  0.  No.  580,  Sec.  1]. 

Sec.  13.  Penalty  for  violation. — Any  person  violating  the 
provisions  of  the  preceding  section  of  this  ordinance,  shall  upon 
conviction  therefor,  be  fined  two  hundred  dollars  for  each  offense. 
[G.  0.  No.  580,  Sec.  2]. 


228  REVISED  ORDINANCES.  CHAP.  II. 

Sec.  14.  Selling  or  renting  automatic  phonographs. — No 
person  shall  engage  in  selling  or  renting  automatic  phonographs 
for  business  purposes  or  amusement  without  first  having  obtained 
a  license  from  said  city,  and  the  charge  for  such  license  shall  be 
five  dollars  per  year  for  each  instrument.  [K.  0.  1897,  Chap. 
3,  See.  7]. 

Sec,  15.  Fairs — license  for. — It  is  hereby  declared  to  be 
illegal  for  any  person,  company  or  corporation  to  give  a  fair 
within  this  city  without  a  license  therefor,  and  the  charge  for  such 
license  shall  be  five  dollars  per  week,  which  license  shall  include 
privileges  of  all  kinds  within  the  grounds.  Any  person,  company 
or  corporation  failing  or  refusing  to  comply  with  the  provisions 
herein  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  in  a  sum  not  exceeding  five  dollars 
for  each  offense,  and  each  day  shall  constitute  a  separate  offense. 
[R.  0.  1897,  Chap.  3,  Sec.  8]. 

Sec.  16.     License  for  theaters  and  opera  houses — how  paid.— 

The  license  fees  required  of  theaters  and  opera  houses  in  the  city 
of  St.  Joseph  for  each  year,  may  be  paid  as  follows :  On  taking 
out  the  license  for  one  year,  the  applicant  shall  pay  one-third  of 
the  yearly  license  fee  in  advance,  and  he  shall,  at  the  expiration 
of  four  months  from  the  date  of  said  license,  pay  another  one- 
third  thereof,  and  at  the  expiration  of  the  four  months  from  the 
latter  date,  he  shall  pay  the  remaining  one-third  of  such  license, 
and  the  applicant  shall,  upon  procuring  his  yearly  license,  and 
at  the  time  it  is  issued,  execute  and  file  a  bond  with  the  city 
auditor,  in  the  sum  of  at  least  three  hundred  dollars,  with  two 
or  more  good  securities,  residents  of  the  city  of  St.  Joseph,  con- 
ditioned that  he  will  pay  the  deferred  installments  of  such  license 
fee  as  they  respectively  become  due.  In  case  of  a  failure  to  pay 
any  such  installment  when  it  becomes  due,  then  the  whole  of 
such  installments  shall  become  due  and  said  bond  may  be  sued 
upon  and  ,the  amount  of  such  installment  or  installments  recov- 
ered with  all  costs  and  expenses  incident  to  such  suit,  whether 
all  such  installments  are  then  due  or  not.  The  security  in  said 
bond  shall  be  approved  by  the  comptroller.  [R.  O.  1897,  Chap. 
3,  Sec.  9]. 


AMUSEMENTS -SHOWS.  229 

Sec.  17.  Same — license  forfeited,  when. — In  case  the  person 
taking  out  such  license  shall  fail  to  pay  any  installment  when 
due,  then  his  license  shall  at  once  become  forfeited,  and  shall  be 
no  protection  to  him  whatever,  but  this  shall  in  no  way  prevent 
a  recovery  by  the  city  upon  the  bond  aforesaid  as  hereinbefore 
provided,  and  upon  a  recovery  upon  such  bond,  and  payment  of 
the  amount  thereby  recovered,  the  license  shall  again  become 
operative.     [R.  0.  1897,  Chap.  3,  Sec.  10]. 

Sec.  18.  Places  of  public  amusement,  regulating  doors 
thereof. — In  every  place  of  public  amusement  within  the  city  of 
St.  Joseph,  all  outside  idoors  or  doors  leading  into  any  auditorium 
shall  open  outwardly,  and  over  each  egress  opening  shall  be  placed 
the  word,  "exit,"  in  letters  at  least  eight  inches  high,  and  all 
of  said  doors  shall  be  kept  unlocked  for  and  during  any  perform- 
ance or  entertainment,  and  remain  unlocked  until  the  entire  audi- 
ence shall  have  left  the  building.     [R.  0.  1897,  Chap.  3,  See.  11]. 

Sec.  19.  Same — penalty. — ^Any  person  who  shall  violate  or 
permit  the  violation  of  any  provision  of  this  ordinance,  shall,  upon 
conviction  thereof  before  the  judge  of  the  police  court,  be  fined  in 
a  sum  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars  for  each  offense ;  one-half  of  the  recovery  in  each 
case  to  be  paid  to  the  party  making  the  complaint.  [R.  0.  1897, 
Chap.  3,  Sec.  12]. 

Sec.  20.  Places  of  amusement — chairs  not  to  be  kept  in 
passage  way. — It  shall  be  unlawful  to  place  or  keep  any  chairs 
or  movable  seats  of  any  kind  in  the  aisles  or  passage  ways  of  any 
place  of  public  amusement  in  this  city  during  a  performance 
or  exhibition  therein,  and  any  person  having  the  management, 
charge  or  control  of  such  place,  or  any  one  in  the  employ  of  such 
person,  who  shall  be  convicted  of  so  doing  in  the  police  court  of 
this  city,  shall  be  fined  in  a  sum  of  not  less  than  one  hundred 
dollars  for  each  and  every  offense ;  one-half  of  any  such  fine  so 
collected  to  be  paid  to  the  person  giving  information  of  the  of- 
fense and  so  causing  the  conviction  of  the  person  so  offending. 
[R.  O.  1897,  Chap.  3,  Sec.  13]. 

Sec.  21.    Ingress  and  egress  in  front  of  opera  houses. — No 

owner,  driver  or  conductor  in  charge  of  any  hack,  cab,  carriage, 
omnibus,  buggy,  wagon  or  other  vehicle  public  or  private  shall, 
for  the  space  of  one-half  hour  next  before  the  beginning  of  any 


230  REVISED  ORDINANCES.  CHAP.  II. 

opera,  show  or  any  entertainment  of  any  kind  whatsoever  at  the 
Tootle  opera  house  on  Francis  street,  or  the  Crawford  opera 
house  on  Fifth  street,  nor  during  the  performance  of  any  opera, 
show  or  entertainment  at  either  pf  said  opera  houses,  nor  for 
one-half  hour  next  after  the  close  of  any  opera,  show  or  enter- 
tainment at  either  of  said  opera  houses,  stand  his  vehicle  on  the 
south  side  of  Francis  street  immediately  east  of  Fifth  street,  and 
north  of  Tootle's  opera  house  to  the  alley  east  thereof  running 
north  and  south  between  Fifth  and  Sixth  streets,  nor  on  the  west 
side  of  Fifth  street  immediately  south  of  Jule  street  and  east  of 
the  Crawford  opera  house,  for  a  distance  of  one  hundred  and 
jBfty  feet  south  of  the  southwest  corner  of  Fifth  and  Jule  streets, 
for  a  longer  time  than  is  necessary  for  the  prompt  discharge  or 
receipt  of  passengers  to  and  from  such  vehicle.  It  being  the 
intention  of  this  ordinance  that  the  said  space  in  Fifth  street 
immediately  opposite  the  Crawford  opera  house,  and  that  the 
said  space  in  Francis  street  immediately  opposite  the  Tootle  opera 
house,  shall  be  kept  clear  and  unobstructed  during  the  times 
aforesaid  for  the  prompt  ingress  and  egress  of  vehicles  having 
passengers  to  discharge  or  receive  at  said  opera  houses.  [G.  0. 
No.  563,  Sec.  1]. 

Sec.  22.  Same — Penalty. — Any  person  violating  any  of  the 
provisions  of  the  foregoing  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in  a 
sum  not  less  than  two  dollars  nor  more  than  twenty  dollars 
for  each  violation.     [G.  0.  No.  563,  Sec.  2]. 

Sec.  23.  Firemen  as  inspectors  in  theaters. — That  the  chief 
of  the  fire  department  be  and  he  is  hereby  instructed  to  detail 
at  every  theater  or  building  of  public  amusement  during  each 
performance  or  occupation  of  building  by  public  assemblage  a 
strong,  able-bodied  fireman,  who  shall  be  vested  with  police  au- 
thority and  whose  duty  it  shall  be  to  make  a  complete  tour  of  the 
entire  theater  before  the  curtain  rises  to  ascertain  if  every  exit 
and  window  leading  to  the  fire  escape  is  free  from  lock  or  bar 
and  :easy  of  egress;  if  all  lights  over  exits  are  burning  and  are 
protected  by  the  required  wire  guard ;  if  all  fire  extinguishers  are 
in  place ;  if  all  aisles  and  passage  ways  are  free  from  obstruction 
of  temporary  seats  or  other  obstructions  that  might  interfere  with 
egress ;  and  if  persons  are  allowed  to  stand  in  said  aisles  or  pass- 


AMUSEMENTS— SHOWS.  231 

age  ways  during  the  performance  or  while  the  biiildiug  is  occu- 
pied by  a  public  assemblage.  Pie  shall  further  see  if  the  lire-proof 
curtain  is  down  while  the  theater  is  being  filled  prior  to  the  per- 
formance, lecture,  concert  or  other  amusement,  and  if  it  is  low- 
ered at  least  once  during  each  performance.  He  shall  make  a 
tour  of  the  stage  to  ascertain  if  water  is  turned  on  stand  pipes, 
if  hose  is  in  proper  place  and  within  easy  reach,  with  nozzle  at- 
tached thereto,  if  casks  are  full  of  water  and  buckets  in  place, 
if  fire-proof  curtain  is  in  working  order,  if  ventilator  will  operate 
if  rope  is  cut  or  loosened,  if  lights  are  exposed  or  Avithout  proper 
guard,  and  if  axes  are  in  place  and  within  easy  reach;  and  shall 
at  least  twice  a  month  at  some  time  during  the  day  inspect  the 
sprinkler  system,  ascertaining  if  every  sprinkler  head  is  in  place, 
if  it  be  an  automatic  sprinkler,  or  if  it  be  the  perforated  pipe 
system,  he  shall  see  if  the  pipes  are  properly  perforated  and  holes 
not  stopped  or  plugged,  if  the  system  be  attached  to  an  independ- 
ent lead  with  a  valve  in  a  conspicuous  place  and  within  easy 
reach,  if  whichever  system  may  be  employed  shall  be  ready  to 
operate  as  the  emergency  may  require ;  ^and  see  if  the  entire 
system  is  in  complete  working  order.  Should  he  be  interfered 
with  in  the  performance  of  the  duties  prescribed  in  this  ordinance 
by  the  management  or  lany  theatrical  employe,  he  shall  at  once 
notify  the  chief  of  the  fire  department  or  his  assistant  by  tele- 
phone or  other  means,  who  shall  see  to  it  that  he  be  allowed  to 
perform  said  duties  or  order  theater  closed  at  once.  [G.  0.  No. 
838,  Sec.  1]. 

Sec.  24.  Fire  drill  for  stage  employes. — Each  manager  of 
a  house  of  amusement  shall  have  drilled  the  stage  employes  in 
handling  the  fire  apparatus  and  appliances  so  that  in  case  of  fire 
or  other  emergency,  they  shall  have  knowledge  of  what  action 
to  take.  The  chief  of  the  fire  department  shall  furnish  a  mem- 
ber of  his  department  to  drill  such  employes  whenever  requested 
by  such  manager,  and  should  he  find  that  the  ordinance  regulating 
and  governing  theaters  and  their  management  is  not  in  any  par- 
ticular being  complied  with,  he  shall  at  once  make  affidavit  as 
to  such  delinquency  or  omission  and  file  such  affidavit  with  the 
city  attorney,  whose  duty  it  shall  be  to  at  once  institute  prosecu- 
tion for  such  violation.     [G.  O.  No.  838,  Sec.  2]. 

(Penalty  for  violating  sections  six  to  fourteen  inclusive  of 
this  chap,  prescribed  in  sec.  662,  chap,  entitled  "licenses.") 


232 


REVISED  ORDINANCES. 


CHAP.  III. 


CHAPTER    III 


AUCTIONEERS. 


Section 
25.     Auction  sales  to  be  by  auction- 
eer; license  for. 


Section 

26.  License,   how  granted;   bond  re- 

quired. 

27.  May  ring  bell. 


Sec.  25.  Auction  sales  to  be  by  auctioneer — license. — ^All 
sales  of  goods,  chattels  or  personal  property  at  public  auction, 
within  |the  city  of  St.  Joseph,  except  such  as  are  exempt  from 
auction  duty  under  the  laws  of  this  state,  shall  be  made  by  an  auc- 
tioneer, who  shall  have  first  obtained  a  license  from  this  city,  the 
charge  for  which  shall  be  twenty-five  dollars  per  annum  for 
each  person  acting  as  such  auctioneer;  Provided,  That  a  licensed 
auction  house  shall  pay  but  one  license.  [R.  0.  1897,  Chap.  6, 
Sec.  1]. 

Sec.  26.  License — how  granted — bond  required. — The  city 
auditor  is  hereby  authorized  to  grant  a  license  as  an  auctioneer 
to  any  person  who  shall  apply  therefor,  upon  the  applicant  exe- 
cuting to  the  city  of  St.  Joseph  a  bond,  with  at  least  two  sureties, 
to  be  approved  by  the  comptroller,  in  the  penal  sum  of  one  thous- 
and dollars,  conditioned  that  the  person  so  licensed,  will,  during 
his  continuance  in  the  busine'ss  as  auctioneer,  faithfully  discharge 
his  duties  as  such ;  that  he  will  pay  over  the  proceeds  of  all  prop- 
erty sold  by  him  to  the  person  entitled  to  receive  the  same ;  and 
that  he  will  not  make  any  misrepresentations,  false  or  fraudulent 
statements,  or  fraudulently  conceal  any  fact  in  relation  to  the 
quantity,  title  to,  or  ownership  of  any  property  offered  by  him  or 
any  of  his  employes  for  sale :  and  shall  also  produce  to  the  auditor 
the  receipt  of  the  treasurer  for  the  amount  of  such  license.  [R. 
0.  1897,  Chap.  6,  Sec.  2]. 

Sec.  27.  May  ring-  bell. — Licensed  auctioneers  are  hereby 
authorized  to  ring  or  cause  to  have  rung  a  bell  at  each  sale  for 
a  period  not  to  exceed  fifteen  minutes.  [R.  0.  1897,  Chap.  6, 
Sec.  3]. 

(For  penalty  for  violating  this  chap,  see  sec.  662,  chap,  en- 
titled "licenses.") 


BILLIARD  TABLES. 


233 


CHAPTER    IV. 


BILLIARD  AND  OTHER  TABLES. 


Section 

28.  Billiard  tables,   etc.,   license  for. 

29.  Permitting  minor  to  play,   pen- 

alty. 


Section 
30.     License  to  be  exposed. 


Sec.  28.  Billiard  and  other  tables — license. — No  person  shall 
keep,  for  gain  or  profit,  any  billiard  table,  pool  table,  bagatelle 
table,  pigeon  hole  table  or  shovel  board,  for  use  by  others,  with- 
out a  license  therefor  from  said  city,  and  the  charge  for  such 
license  shall  be  as  follows :  For  each  billiard  table,  ten  dollars 
per  year;  for  each  and  every  other  table  or  board,  ten  dollars 
per  year.     [R.  0.  1897,  Chap.  10,  Sec.  1].  ♦ 

Sec.  29.  Penalty  for  permitting  minor  to  play. — No  licensee 
or  his  employe,  or  other  person  in  charge  of  any  billiard  table, 
pool  table,  bagatelle  table,  pigeon  hole  table  or  shovel  board,  shall 
at  any  time,  with  or  without  gain  or  profit,  permit  or  allow  any 
such  table  or  board  to  be  used  by  any  minor  for  any  purpose 
whatever.  Any  person  violating,  failing,  neglecting  or  refusing 
to  comply  with  any  provision,  regulation  or  requirement  of  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  ten  nor  more  than 
fifty  dollars;  and,  in  addition  thereto,  the  court  in  which  such 
conviction  is  had,  shall  adjudge  and  declare  such  license  forfeited 
to  the  city  of  St.  Joseph,  and  thereafter  it  shall  be  unlawful  for 
said  licensee,  or  any  other  person,  to  do  business  under  such  for- 
feited license.     [R.  0.  1897,  Chap.  10,  Sec.  2]. 


Sec.  30.  License  plate  to  be  exposed. — The  city  auditor  shall 
keep  a  book  wherein  he  shall  register  the  number  of  all  such  tables 
and  boards  that  are  licensed.  Upon  licensing  a  table  or  board, 
said  auditor  shall  deliver  to  the  licensee  a  metallic  plate  with  the 
word  ' '  licensed ' '  and  number  thereon.  Upon  receiving  said  plate, 
the  licensee  shall  securely  fasten  the  same  in  some  conspicuous 


234  REVISED  ORDINANCES.  CHAP.  IV. 

place  upon  such  licensed  table  or  board,  and  keep  the  same  so 
fastened  during  the  time  such  license  is  in  force ;  and  upon  the  ex- 
piration or  forfeiture  of  such  license,  said  licensee  shall  return 
said  metallic  plate  to  said  auditor.      [R.  0.  1897,  Chap.  10,  Sec.  3] . 

(For  penalty  for  violating  this  chap,  see  sec.  662,  chap,  en- 
titled ''licenses.") 


BILL  POSTING. 


235 


CHAPTER     V. 


BILL  POSTING— BILL  BOARDS. 


Sei^tion 

31.  Bill  poster,   license  for. 

32.  Bill  poster  defined. 

33.  Shall     register    location     of    bill 

boards,    etc. 

34.  Bill    board    how    constructed,    to 

be    kept   in    repair. 

35.  Bill    boards,    etc.,     to    be    kept 

free   from   loose   paper. 

36.  Posteis     not     to     be     affixed     to 

sidewalks,    etc.,    without    con- 
sent,   etc. 


Section 

37.     Destroying   posters,    etc. 
Penalty. 
Building     inspector     to     inspect 

bill  boards,   etc. 
Prohibiting     bill     posters     from 

going    on   vacant    property. 
Same,    penalty. 


38. 
39. 


40. 


41. 


Sec.  31.  Bill  poster,  license. — It  shall  be  unlawful  for  any 
person,  association  or  corporation  to  exercise,  carry  on,  or  engage 
in  the  occupation  of  a  bill  poster  in  the  city  of  St.  Joseph,  without 
first  having  obtained  n  license  therefor  from  said  city,  and  the 
charge  for  such  license  shall  be  fifty  dollars  per  year  and  no 
such  license  shall  be  issued  for  a  less  period  than  one  year;  pro- 
vided, that  no  license  shall  be  required  for  the  posting  of  legal 
notices,  or  distributing  bills  or  posters  for  any  charitable,  relig- 
ious, or  political  purposes.  Any  person  or  persons  engaging  in 
such  occupation  without  first  having  obtained  a  license,  shall  be 
deemed  guilty  of  a  misdemeanor.     [R.  O.  1897,  Chap.  11,  Sec.  1]. 

Sec.  32.  Bill  poster  defined. — Any  person,  association,  cor- 
poration or  any  manager,  agent  or  proprietor  of  a  theater  or  other 
place  of  public  amusement,  who  shall  post  up  or  affix  in  any  man- 
ner, or  paint,  print  or  write,  or  cause  to  be  painted,  or  written-  a 
notice  or  advertisement  upon  any  bulletin  board,  wall,  fence, 
building  or  other  place,  is  hereby  declared  to  he  a  bill  poster. 
[R.  0.  1897,  Chap.  11,  See.  2.] 

Sec.  33.  Shall  register  location  of  bill  boards,  etc.— Before 
any  person,  association  or  corporation  shall  be  entitled  to  receive 
a  license  as  a  bill  poster,  he  shall  file  with  the  building  inspector 
a  complete  list  of  all  bill  boards,  walls  or  other  places  used  for 
posting  bills  owned  or  controlled  by  him  and  shall  keep  said  list 
corrected  from  day  to  day  as  to  any  and  all  additions  and  with- 
drawals.    [G.  0.  No.  873,  Sec.  1]. 


236  REVISED  ORDINANCES.  CHAP.  V. 

Sec.  34.     Bill  boards,  how  constructed,  to  be  kept  in  repair. 

— All  bill  boards  hereafter  to  be  erected  shall  be  constructed  in 
the  following  manner:  Those  constructed  in  the  ^rst-class  fire 
limits  shall  not  be  higher  than  twelve  feet,  and  the  lower  plank 
thereof  shall  be  six  inches  from  the  ground.  The  support  posts 
to  be  not  less  than  four  by  four  inches  and  set  in  the  ground  at 
least  three  feet,  and  such  supports  shall  not  be  less  than  ten  feet 
apart,  said  supporters  shall  be  safely  braced,  and  such  bill 
boards  shall  at  all  times  be  kept  in  good  condition  of  repair 
so  that  they  will  be  safe  and  secure  from  wind  storms ; 
those  bill  boards  which  are  erected  outside  of  the  first-class  fire 
limits,  shall  be  erected  in  the  same  manner  as  those  in  the  first- 
class  fire  limits,  unless  the  adjacent  property  owners  give  their 
consent  in  writing  to  the  erection  of  such  bill  boards  at  a  greater 
height,  but  such  bill  boards  shall  not  be  erected  higher  than 
twenty-one  feet,  and  in  such  cases  the  main  supports  shall  be  at 
least  six  inches  square ;  provided,  however,  that  no  such  bill 
boards  be  erected  on  fire  walls  or  house  roofs.  Any  person  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor.    [G.  O.  No.  724,  Sec.  1]. 

Sec.  35.     Bill  boards,  etc.,  to  be  kept  free  from  loose  paper. 

— It  is  hereby  made  the  duty  of  every  licensed  bill  poster  to  keep 
the  bill  boards,  walls  and  fences  used,  owned  or  controlled  by 
him  free  from  loose  or  fi.opping  paper,  and  to  keep  the  ground 
clean  around  and  contiguous  to  such  bill  boards,  walls  and  fences, 
from  loose  paper  falling  from  said  bill  boards,  walls  and  fences, 
and  any  person  failing  to  so  do  shall  be  deemed  guilty  of  a  mis- 
demeanor.    [R.  0.  1897,  Chap.  11,  Sec.  5]. 

Sec.  36.  Posters  not  to  be  affixed  to  sidewalks,  etc.,  without 
consent,  etc. — It  shall  be  unlawful  for  any  person  or  persons 
without  the  consent  of  the  mayor  to  post  up,  or  affix  in  any  man- 
ner, or  paint,  print  or  write,  or  cause  to  be  painted,  printed  or 
written,  a  notice,  advertisement  or  bill  upon  a  bridge,  hydrant, 
curbstone,  sidewalk,  tree,  pole  or  post  in  a  street  or  public  place, 
or  upon  a  walk,  fence  or  building  belonging  to  the  city ;  and  any 
person  or  persons  so  offending  shall  be  deemed  guilty  of  a  mis- 
demeanor.    [R.  0.  1897,  Chap.  11,  Sec.  6]. 

Sec.  37.  Destroying  posters,  etc. — It  shall  be  unlawful  for 
any  person  in  this  city  to  wilfully  tear,  pull,  or  cut  down,  destroy, 


BILL  POSTING.  237 

mutilate  or  deface  any  poster,  hand  bill,  card  or  other  advertise- 
ment posted  upon  any  bill  board,  wall  or  other  place  by  a  licensed 
bill  poster,  and  any  person  so  offending  shall  be  deemed  guilty  of 
a  misdemeanor.     [R.  0.  1897,  Chap.  11,  Sec.  7]. 

Sec.  38.  Penalty. — Any  person  being  found  guilty  of  any 
misdemeanor  under  any  of  the  provisions  of  this  ordinance,  shall 
be  punished  by  a  fine  of  not  less  than  one  nor  more  than  fifty 
dollars.     [E.  O.  1897,  Chap.  11,  Sec.  8]. 

Sec.  39.  Building-  inspector  to  inspect  bill  boards,  issue  per- 
mit for  erection,  etc. — It  shall  be  the  duty  of  the  building  inspec- 
tor to  make  frequent  inspection  of  all  the  bill  boards  in  the  city, 
and  to  see  that  the  same  are  kept  in  proper  repair,  and  to  issue 
permit  for  the  erection  of  each  bill  board,  said  permit  to  state  the 
dimensions  of  the  bill  board  and  where  located.  [G.  0.  No.  724, 
Sec.  2]. 

Sec.  40.  Prohibiting  bill  posters  from  going  upon  vacant 
property. — -Any  person,  firm,  corporation  or  association  which 
shall  be  engaged  in  the  business  of  bill  posting  in  the  city  of  St. 
Joseph  and  who  shall  go  upon,  in  or  about  any  vacant  property 
in  this  city,  for  the  purpose  of  hanging  advertising  or  other  bills 
in  the  windows  of  said  vacant  property,  without  first  having  ob- 
tained the  written  permission  of  the  owner  or  owners  of  said 
property  so  to  do,  shall  be  deemed  guilty  of  a  misdemeanor.  [G. 
0.  No.  731,  Sec.  1]. 

Sec.  41.  Same — penalty. — The  penalty  for  violation  of  the 
provisions  of  the  foregoing  section  shall  be  a  fine  not  to  exceed 
the  sum  of  one  hundred  dollars.      [G.  0.  No.  731,  Sec.  2]. 


238  REVISED  ORDINANCES.  CHAP.  VI. 


CHAPTER    VI. 


BOILERS— STEAM   BOILERS— INSPECTION  OF,  ETC. 


Section 

42.  Inspector  of  steam  boilers. 

43.  Board  of  eng-ineers. 

44.  Duties  of  boiler  inspector. 

45.  Duties  of  board  of  engineers. 


Section 

51.  Inspector    to    make    semi-annual 

report. 

52.  Salaries — bonds  —  compensation 
of  board.  ^ 


46.  Owner  may  appeal  from  inspec-  '  53.     Penalty  for  inspector   or  deputy 

tor.  for  failing  of  duty. 

47.  Two    engineers    required — owner  !  54.     What     engineers,     engines     and 

must   have   permit.  i  boilers   excepted. 


48.  Boilers  to  be  tested  once  a  year, 

penalties. 

49.  Owner     must     employ     licensed 
engineer. 


55.  Bills  to  be  audited. 

56.  Proceedings  to  obtain   license. 

57.  Penalties. 

58.  Not   applicable    to    private    resi- 


50.     Certiiicate  of  inspection — returns    |  deuces. 

by  inspector.  i       59      Engineer   to  post   up   license. 

Sec.  42.  Inspector  of  steam  boilers. — The  mayor  shall  ap- 
point by  and  with  the  consent  of  the  common  conncil,  a  boiler 
inspector,  who  shall  be  a  ^^ractieal  boiler  maker,  who  has  served 
his  apprenticeship  at  the  trade,  and  who  has  worked  at  the  boiler 
making  trade,  within  the  year  preceding  his  appointment ;  said 
inspector  shall  be  of  good  moral  character,  temperate  habits  and 
competent  to  test  and  inspect  steam  generators  and  all  other  ap- 
pliances under  steam  pressure ;  said  inspector  shall  not  be  inter- 
ested either  directly  or  indirectly  in  the  sale  or  manufacture  of 
engines,  boilers  or  any  other  appliances  or  apparatus  used  in 
connection  with  steam  machinery ;  said  boiler  inspector  shall  hold 
his  office  for  a  term  of  two  years  beginning  with  the  third  Monday 
in  April  after  the  annual  election  and  until  his  successor  is  ap- 
pointed and  qualified ;  said  boiler  inspector  is  hereby  authorized 
to  appoint  by  and  with  the  consent  of  the  mayor,  one  deputy 
inspector,  who  shall  possess  the  same  qualifications  as  the  boiler 
inspector  and  perform  the  same  duties  in  case  of  temporary  ab- 
sence from  the  city,  sickness  or  other  disability  of  the  boiler  in- 
spector, and  shall  serve  without  compensation,  from  the  city,  and 
shall  [be  subject  to  removal  at  the  pleasure  of  said  boiler  inspec- 
tor.    [G.  O.  No.  664,  Sec.  1]. 

Sec.  43.  Board  of  Engineers — The  mayor  shall  designate 
and  appoint  by  and  with  the  consent  of  the  common  council, 


BOILERS.  239 

two  persons  who  shall  be  practical  and  mechanical  engineers, 
having  had  at  least  five  years  experience  in  the  city  of  St.  Joseph 
next  preceding  their  appointment,  who  in  connection  with  the 
boiler  inspector,  shall  constitute  the  board  of  engineers,  whose 
terms  of  office  shall  be  the  same  as  that  of  the  boiler  inspector 
herein  provided.     [G.  O.  No.  664,  Sec.  2]. 

Sec.  44.  Duties  of  boiler  inspector;  to  test  boilers. — The 
boiler  inspector  shall  devote  his  entire  time  and  attention  to  the 
duties  of  his  office,  and  also  perform  the  duties  of  secretary  of 
the  board  of  engineers.  He  shall  carefully  inspect  and  test 
every  stationary  boiler  and  steam  generating  apparatus  under 
pressure  used  for  manufacturing,  heating  and  mechanical  pur- 
poses, as  provided  by  this  ordinance,  including  all  attachments 
and  connections,  located  within  the  city  of  St.  Joseph,  at  least 
once  annually,  and  shall  visit  each  high  pressure  boiler  in  opera- 
tion within  the  city  limits  at  least  once  every  three  months.  He 
shall  keep  a  complete  and  accurate  record  of  the  names  of  all 
owners  or  users  of  steam  boilers,  giving  a  full  description  of  the 
boilers  inspected  by  him,  and  the  amount  of  pressure  allowed, 
the  date  when  last  tested.  He  shall  notify  all  owners  or  users 
of  boilers  of  the  time  when  a  re-inspection  and  test  will  be  made, 
at  least  ten  days  before  the  expiration  of  each  certificate  of  in- 
spection, and  appoint  a  day  upon  which  he  will  make  a  re-inspec- 
tion. The  manner  of  inspection  shall  be  the  hammer  test  and  in 
addition  thereto  the  boiler  inspector  shall  apply  the  hydrostatic 
test  whenever  in  his  judgment  it  is  necessary.  If  the  hydrostatic 
test  be  used,  each  boiler  shall  be  tested  by  hydraulic  pressure 
not  to  exceed  one-fourth  greater  than  the  ordinary  working  pres- 
sure used,  and  the  certificate  of  inspection  herein  provided,  shall 
state  the  maximum  pressure  at  which  any  boiler  may  be  worked. 
In  case  a  defect  shall  be  discovered  in  any  boiler  or  attachment 
thereto,  the  boiler  inspector  shall  report  the  same  to  the  owner 
or  user  of  said  boiler  or  boilers,  and  state  the  facts  of  the  case 
in  writing,  giving  a  description  of  the  particular  locality  in  which 
each  defect  may  be  found,  and  whether  of  a  dangerous  character 
and  necessitating  immediate  repair.  If  the  boiler  inspector  shall 
at  any  time  find  a  boiler,  which,  in  his  judgment,  is  unsafe,  after 
inspecting  the  same,  he  shall  condemn  its  further  use.  All  boilers 
to  be  tested  by  hydrostatic  pressure  shall  be  filled  with  water  by 
the  owners  or  users  and  they  shall  furnish  the  necessary  labor  re- 


240  REVISED  ORDINANCES.  CHAP.  VI. 

quired  to  work  and  handle  the  pumps  in  applying  the  test.  When 
leaks  occur  which  prevent  a  successful  test,  the  boiler  inspector 
shall  make  a  second  test,  upon  receiving  notice  that  all  leaks 
have  been  repaired.  If,  upon  making  a  second  test,  the  boiler 
or  boilers  are  still  defective,  he  shall,  for  each  subsequent  test, 
collect  an  additional  inspection  fee,  but  in  no  case  shall  he  give 
a  certificate  until  fully  satisfied  of  the  safety  of  the  boiler  or 
boilers.  All  certificates  of  inspection  shall  be  for  one  year  and 
no  longer.     [G.  O.  No.  664,  Sec.  3]. 

Sec.  45.  Duties  of  Board  of  Engineers — engineer's  certifi- 
cate.— The  boiler  inspector  and  board  of  engineers  shall,  at  the 
expense  of  the  city,  be  provided  with  all  needed  blanks  and 
stationery  needful  for  their  official  duties.  Said  board  shall  pro- 
vide for  regular  sessions  and  the  boiler  inspector  shall  act  as 
secretary  and  keep  minutes  of  the  proceedings.  Said  board  shall 
convene  for  business  twice  in  each  month  to  examine  into  quali- 
fications of  applicants  for  engineer's  license.  The  boiler  inspec- 
tor shall  have  power  to  call  a  special  session  of  the  board  if  deemed 
necessary.  A  majority  of  the  members  of  said  board  shall  con- 
stitue  a  quorum  for  the  transaction  of  business.  The  secretary 
shall  keep  a  register  of  the  names  of  all  the  applicants,  designate 
those  found  qualified  and  those  not  qualified.  Said  board  shall 
grant  licenses,  charging  therefor  each  applicant  the  sum  of  $10.00 
for  engineer's  license,  $3.00  to  be  deposited  with  the  clerk  of  the 
board  when  application  is  made,  each  applicant  to  be  allowed 
three  trials.  If  he  then  fails  to  pass  a  satisfactory  examination, 
the  applicant  shall  then  forfeit  the  money  deposited  with  the 
clerk  of  the  board,  but  if  the  applicant  has  the  capacity,  skill, 
experience  and  habits  of  sobriety,  requisite  to  perform  the  duties 
of  an  engineer,  and  shall  pass  examination  successfully,  the  board 
shall  grant  him  a  license  for  the  term  of  one  year,  upon  the  pay- 
ment of  an  additional  $7.00,  and  any  person  thus  qualified  shall 
not  be  refused  a  license.  The  fee  for  each  renewal  of  engineer's 
license  shall  be  $2.50.  The  regular  meeting  of  the  board  of  ex- 
aminers shall  take  place  on  the  first  and  third  Tuesdays  of  each 
month.  Said  board  of  engineers  shall  vise  all  engineers' 
licenses  presented  by  the  owner  thereof,  granted  him  by  the 
United  States  laws,  which  shall  have  the  same  effect  as  licenses 
granted  by  the  board,  and  the  engineers  whose  licenses  are  vised 


BOILERS.  241 

by  the  board  shall  be  subject  to  the  provisions  of  this  ordinance. 
All  licenses  granted  shall  be  signed  by  not  less  than  two,  and  may 
be  signed  by  all  members  of  the  board.  Any  person  taking 
charge  of  a  steam  boiler  or  steam  boilers,  for  heating  purposes 
only,  shall  be  examined  by  said  board  of  engineers,  and  if  found 
qualified,  the  said  board  shall  grant  him  a  certificate  to  that  effect 
upon  the  payment  of  $5.00,  said  certificate  to  remain  in  force 
for  one  year  from  date  of  issue  and  may  be  reissued  or  renewed 
by  the  consent  of  the  board  of  engineers  upon  the  payment  of  a 
fee  of  $2.00.  Said  board  of  engineers  may  adopt  such  rules  and 
regulations  as  they  shall  deem  proper,  not  inconsistent  with  this 
ordinance  and  the  general  law.  A  full  board  of  engineers,  by 
a  unanimous  vote,  shall  have  power  to  revoke  an  engineer's  license 
for  inebriety,  dishonesty  or  neglect  of  his  duties  when  in  charge 
of  an  engine  or  boiler  in  use,  and  may  order  the  re-inspection  of 
any  boiler  whenever  they  shall  deem  it  necessary  for  the  public 
safety,  but  no  license  shall  be  permanently  revoked  for  cause, 
without  first  giving  the  accused  party  an  opportunity  to  be  heard 
in  his  own  defense.     [G.  0.  No.  664,  Sec.  4]. 

Sec.  46.  Owner  may  appeal  from  inspector. — Any  owner  or 
user  of  a  steam  boiler  feeling  aggrieved  on  account  of  any  decis- 
ion of  the  boiler  inspector,  may  appeal  to  the  remaining  members 
of  the  board  of  engineers,  and  upon  a  thorough  and  careful  in- 
vestigation of  the  matter  at  issue  between  the  parties,  said  mem- 
bers of  said  board  shall  decide  the  question;  but  in  case  said 
board  fail  to  agree,  then  the  mayor  shall  appoint  some  competent 
person  who  shall  sit  with  the  board,  and  the  decision  of  said  three 
persons,  or  a  majority  thereof,  shall  be  final  in  all  cases ;  provided, 
that  the  boiler  inspector  shall  not  have  a  voice  in  any  matter  in 
M^hich  there  is  an  appeal  from  his  decision.  [G.  0.  No.  664, 
Sec.  5]. 

Sec.  47.     Two  engineers  required — owner  must  have  permit. 

— In  case  the  user  or  owner  of  any  boiler  shall,  for  any  cause, 
be  deprived  of  the  services  of  a  licensed  engineer,  he  must  notify 
the  boiler  inspector  at  once,  whose  duty  it  shall  be  to  see  that 
said  owner  or  steam  user  is  supplied  with  a  competent  person 
to  perform  the  duties  of  engineer  until  a  licensed  engineer  can 
be  provided  and  he  may  procure  an  experienced  and  careful  per- 
son in  charge,  for  a  time  not  exceeding  six  days.     Where  boilers 

16 


242  .      REVISED  ORDINANCES.  CHAP.  VI. 

are  used  and  engineers  run  night  and  day,  two  licensed  engineers 
must  be  employed  and  must  stand  watch  alternately.  Any  person 
or  persons  intending  to  put  a  boiler  or  boilers  into  their  estab- 
lishment or  building,  must  apply  to  the  boiler  inspector  for  a  per- 
mit before  setting  up  any  boiler ;  and  said  boiler  must  be  set  sub- 
ject to  the  approval  of  the  boiler  inspector.  |  G.  0.  No.  664, 
Sec.  6]. 

Sec.  48.  Boilers  to  be  tested  once  a  year — penalties. — AH 
owners  or  users  of  any  stationary  boilers  carrying  a  pressure  of 
ten  pounds  or  over  per  square  inch,  shall  have  the  same  inspected 
and  tested  as  herein  provided,  before  and  while  being  used,  and 
at  least  once  a  year  thereafter;  and  for  every  neglect  or  refusal 
to  have  such  inspection  and  test,  they  shall  be  deemed  guilty  of 
a  misdemeanor.  If  owners  or  users  of  steam  boilers,  or  engineers 
in  charge  of  same,  shall  carry  a  greater  pressure  than  is  allowed 
in  the  certificate  of  inspection  granted  by  the  boiler  inspector, 
they  or  either  of  them  shall  be  deemed  guilty  of  a  misdemeanor, 
and  in  case  of  an  engineer,  his  license  shall  be  revoked ;  or  if  such 
owners  or  users  shall  use  any  boiler  which  has  been  condemned  as 
unsafe  by  the  boiler  inspector,  they  shall  be  deemed  guilty  of  a 
misdemeanor.     [G.  O.  No.  664,  Sec.  7]. 

Sec.  49.  Owner  must  employ  licensed  engineer. — Every 
owner  or  user  of  steam  boiler  or  boilers,  or  steam  generating  ap- 
paratus of  over  five  horse  power,  when  the  boilet  or  boilers  are 
in  use,  must  employ  a  competent  engineer  having  a  license  from 
the  board  of  engineers ;  and  every  owner  or  user  as  aforesaid, 
who  shall  neglect  or  refuse  to  employ  a  licensed  engineer  as 
herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor.  And 
any  person  acting  as  engineer  having  in  charge  either  engine 
or  boilers,  in  use  within  the  corporate  limits  of  the  city  of  St. 
Joseph,  not  holding  a  license  as  above  provided  and  required, 
shall  be  deemed  guilty  of  a  misdemeanor.  Any  person  taking 
charge  of  more  than  one  steam  boiler  or  steam  generating  ap- 
paratus, under  pressure  when  not  in  one  building,  or  on  the  prem- 
ises of  one  industry,  shall  be  deemed  guilty  of  a  misdemeanor. 
Every  licensed  engineer  shall  devote  at  least  eight  hours  out  of 
every  twenty-four  to  the  duties  of  the  plant  where  he  is  employed 
as  engineer.     [G.  0.  No.  664,  Sec.  8]. 


BOILERS.  243 

Sec.  50.  Certificate  of  inspection — returns  by  inspector.^ 
The  auditor  shall  issue  to  the  comptroller  certificates  of  iuspection 
of  steam  boilers,  regularly  numbered  and  duly  signed  by  each  of 
said  officers,  in  denominations  proper  to  meet  the  requirements  of 
this  ordinance,  but  blank  as  to  owner's  or  user's  names,  date, 
pressure,  locality  and  number  of  boiler.  The  comptroller  shall 
issue  such  certificates  of  inspection  to  the  boiler  inspector  and 
charge  them  to  him.  The  inspector  shall  collect  from  all  owners 
and  users  of  boilers  the  following  inspection  fees,  and  no  more : 
For  every  high  pressure  boiler  of  a  capacity  above  45  square 
feet  of  heating  surface,  five  dollars  ($5.00)  whether  set  single  or 
in  sets.  Where  sets  of  boilers  are  built  one  above  another,  only 
those  immediately  over  the  fire  shall  be  counted.  And  for  every 
low  pressure  boiler  for  heating  purposes  only,  and  high  pressure 
boilers  of  a  capacity  not  above  45  square  feet  of  heating  surface, 
two  and  one-half  dollars  ($2.50).  The  boiler  inspector,  upon  re- 
ceipt of  the  money  for  the  inspection  fee  shall  promptly  deliver  to 
every  owner  or  user  of  any  boiler,  certificates  of  inspection  of  the 
boilers  inspected  by  him  or  his  assistant.  Every  such  certificate 
of  inspection  shall  be  filled  up  as  herein  provided,  and  signed  by 
said  boiler  inspector.  Said  certificate  of  inspection  shall  be  dis- 
played in  some  prominent  place  near  where  the  boilers  are  used. 
The  boiler  inspector  shall  make  monthly  returns  to  the  city 
comptroller  of  all  moneys  collected,  giving  the  names  of  the  steam 
users  from  whom  collected,  and  shall  pay  the  moneys  collected 
into  the  city  treasury  once  in  each  month.      [G.  O.  No.  664,  Sec.  9]. 

Sec.  51.  Inspector  to  make  semi-annual  report. — The  boiler 
inspector  shall  make  a  semi-annual  report  to  the  comptroller, 
reporting  the  full  number  of  boilers  in  the  city,  the  number  in 
use,  the  number  inspected,  and  the  number  condemned  as  unsafe. 
He  shall  report  the  date,  name  of  the  owner,  and  the  locality 
of  every  boiler  accident,  whether  it  be  from  a  rupture  or  collapse 
of  flue,  or  explosion  of  the  shell  of  the  boiler,  stating  his  belief 
as  to  the  cause  thereof.  He  shall  further  report  the  number  and 
names  of  all  applicants. for  engineer's  license,  the  number  of  re- 
jected and  the  number  granted  licenses.  Such  report  shall  be 
signed  by  the  full  board  of  engineers,  and  open  to  the  inspection 
of  all  persons  interested.     [G.  0.  No.  664,  Sec.  10]. 


244  REVISED  ORDINANCES.  CHAP.  VI. 

Sec.  52.     Salaries — bonds — compensation    of    board.  —  The 

boiler  inspector  shall  receive  a  salary  of  one  thousand  dollars 
($1,000.00)  per  annum,  subject  always  to  the  further  provisions 
of  this  ordinance,  which  shall  be  in  full  for  all  services  rendered 
by  him.  He  shall  give  bond  to  the  city  of  St.  Joseph  in  the 
penal  sum  of  two  thousand  dollars  ($2,000.00)  with  two  or  more 
securities,  to  be  approved  by  the  comptroller,  conditioned  for  the 
faithful,  skillful  and  impartial  performance  of  the  duties  of  his 
office,  and  that  he  will  fully  account  for  and  pay  into  the  city 
treasury  all  moneys  received  jby  him,  as  herein  provided.  The 
deputy  inspector  appointed  under  this  ordinance  shall  give  bond 
in  the  penal  sum  of  one  thousand  dollars  ($1,000.00)  with  the 
same  condition  as  required  of  the  boiler  inspector,  and  subject 
to  the  approval  of  the  comptroller.  The  members  of  the  board 
of  engineers,  except  the  boiler  inspector,  shall  each  receive  one 
hundred  dollars  per  year.  They  shall  each  give  bond  in  like 
manner  as  the  boiler  inspector,  with  the  same  conditions,  and  in 
the  same  penal  sum  of  five  hundred  dollars  ($500.00),  said  bond 
to  be  approved  by  the  comptroller.     [G.  0.  No.  664,  Sec.  11]. 

Sec.  53.    Penalty  for  inspector  or  deputy  failing  of  duty.— 

If  the  boiler  inspector  or  his  deputy  shall  neglect  or  fail  to  dis- 
charge his  or  tbeir  duty,  by  reason  of  inebriety,  or  by  neglecting 
to  perform  the  duties  of  inspector,  or  to  pay  over  moneys  received 
by  inspection,  as  provided  in  this  ordinance,  or  in  any  manner 
use  their  position  for  corrupt  or  dishonest  purposes,  he  or  they 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars 
($100.00),  and  forfeit  his  or  their  office.     [G.  O.  No.  664,  Sec.  12]. 

Sec.  54.  What  engineers,  engines  and  boilers  excepted. — 
All  engineers,  engines  and  boilers  of  the  fire  department  of  St. 
Joseph,  and  all  steam  rollers,  steam  automobiles  and  portable 
boilers  used  on  the  streets  of  the  city  of  St.  Joseph,  Mo.,  are  sub- 
ject to  the  provisions  of  this  ordinance,  except  that  there  shall 
be  no  fee  charged  for  the  inspection  of  boilers  of  fire  engines,  but 
all  locomotive  boilers  used  on  railroads,  and  steam  boilers  sup- 
plied with  water  automatically,  when  used  only  for  heating  dwel- 
ling houses  and  not  carrying  a  pressure  of  over  ten  pounds  of 
steam  per  square  inch,  are  exempt  from  the  provisions  of  this 
ordinance.     [G.  O.  No.  664,  Sec,  13]. 


BOILERS.  245 

Sec.  55.  Bills  to  be  aadited. — All  expenditures  for  the  in- 
spection of  boilers  shall  be  charged  and  paid  as  expenditures  of 
the  office  of  boiler  inspector  and  board  of  engineers,  and  all  bills 
before  being  paid  shall  be  audited  and  approved,  subject  to  the 
provisions  of  this  ordinance  and  the  laws  governing  cities  of  the 
second  class.  The  salary  herein  provided  to  be  paid  to  boiler 
inspector  shall  be  paid  out  of  the  funds  collected  for  the  inspec- 
tion of  boilers  and  for  licenses  issued  to  engineers  as  in  this  or- 
dinance provided,  and  in  no  case  or  event  shall  the  city  be  liable 
for  such  salary  or  any  part  thereof  except  so  far  as  the  money  paid 
into  the  city  treasurery  under  this  ordinance  shall  be  sufficient 
to  pay  said  salary  herein  provided  to  be  paid.  [G.  0.  No.  664, 
Sec.  14]. 

Sec.  56.  Proceedings  to  obtain  license. — Every  applicant  for 
a  license  who  fails  to  pass  the  examination  of  the  board  is  required 
to  wait  two  weeks  before  again  making  application  for  a  license 
and  the  board  shall  then  give  him  another  examination ;  any  ap- 
plicant failing  to  pass  the  examination  after  the  third  trial,  shall 
not  be  permitted  to  appear  before  said  board  for  six  months ; 
every  engineer  licensed  by  the  board  and  every  engineer  whose 
license  is  vised  by  the  board  is  required  to  notify  the  boiler  in- 
spector when  he  accepts  employment,  and  within  three  days 
thereafter,  the  name  of  his  employer  and  the  location  of  the  boilers 
or  boiler  in  his  charge ;  and  every  engineer  who  shall  neglect  or 
refuse  to  comply  with  this  rule,  shall  be  deemed  guilty  of  a  mis- 
demeanor. An  application  for  a  renewal  of  a  license  shall  be 
made  not  later  than  the  first  regular  meeting  of  the  board  next 
following  the  expiration  of  the  license,  and  unless  the  above  pro- 
vision is  complied  with,  it  shall  be  necessary  for  the  applicant 
to  be  re-examined  and  to  take  out  a  new  license  and  pay  the 
regular  fee  as  provided  in  section  45  of  this  ordinance.  Any 
steam  user  failing  to  place  or  put  in  a  conspicuous  place  in  engine 
room  or  boiler  house,  the  boiler  inspector's  certificate,  shall  be 
deemed  guilty  of  a  misdemeanor.     [G.  O.  No.  664,  Sec.  15]. 

Sec.  57.  Penalties. — Any  person  who  violates  or  fails  to 
comply  with  any  of  the  provisions  of  this  ordinance,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  the  sura  of  not  less  than  five  dollars  ($5.00)  nor 


246  REVISED  ORDINANCES.  CHAP.  VI. 

more  than  one  hundred  dollars  ($100.00)  for  each  offense.     [G. 
O.  No.  664,  See.  16]. 

Sec.  58.  Not  applicable  to  private  residences. — Nothing  in 
this  ordinance  shall  be  construed  as  applicable  to  private  resi- 
dences, except  where  several  houses  shall  be  constructed  and  used 
as  flats  or  tenements  and  all  heated  by  one  steam  plant.  [G.  0. 
No.  664,  Sec.  18]. 

Sec.  59.  Engineer  to  post  up  license. — It  shall  be  the  duty 
of  every  engineer  to  have  his  license  posted  in  a  conspicuous 
place  in  his  engine  room  where  it  can  be  seen  by  any  one  who 
wishes  to  see  it  and  it  shall  be  the  duty  of  the  board  of  engineers 
to  revoke  the  license  of  any  engineer  who  shall  refuse  to  perform 
his  duty,  and  any  engineer  having  his  license  revoked  shall  not 
be  granted  a  new  license  within  three  months  after  his  license 
was  revoked,  and  it  shall  be  the  duty  of  the  boiler  inspector  to  re- 
voke the  license  of  any  engineer  for  neglect  of  duty  or  inebriety 
at  any  time,  and  report  of  same  must  be  made  at  their  next 
regular  meeting,  and  the  boiler  inspector  shall  have  the  power 
to  enter  any  building  or  other  premises  where  steam  under  pres- 
sure is'^being  used  and  to  arrest  or  cause  to  be  arrested,  any 
incompetent  person  or  persons,  found  in  charge  of  same.  [G.  0. 
No.  664,  See.  19]. 


ART.  I.  CORPORATE  LIMITS.  247 


CHAPTER     VII. 

BOUNDARIES— MUNICIPAL  BOUNDARIES. 

Article  I   Article 

I.     Corporate  limits — extension  of.  III.     Subdivisions   of  wards. 

II.     Ward  boundaries. 


ARTICLE     I. 

CORPORATE  LIMITS— EXTENSION  OF. 
Section    60.     Corporate    limits,    extended    and   defined. 

Sec.  60.  Corporate  limits  extended  and  defined. — The  cor- 
porate limits  of  the  city  of  St.  Joseph,  ]\lo.,  are  hereby  extended 
to  the  limits  hereinafter  defined  and  shall  comprise  all  that  sec- 
tion situated  in  the  county  of  Buchanan  and  state  of  Missouri, 
and  contained  within  the  following  boundaries,  to  wit:  Begin- 
ning at  a  point  in  the  middle  of  the  main  channel  of  the  Mis- 
souri river,  where  the  west  line  of  section  twenty  (20)  of  town- 
ship fifty-seven  (57)  of  range  thirty-five  (35)  strikes  the  same, 
thence  south  along  the  west  line  of  sections  twenty  (20)  and 
twenty-nine  (29)  in  said  township  and  range  to  a  point  one  hun- 
dred (100)  feet  west  of  the  center  line  of  the  main  track,  as  at 
present  located,  used  and  occupied  by  the  Hannibal  &  St.  Joseph 
Railroad  Company,  said  distance  being  measured  at  right  angles 
thereto,  thence  southwesterly  parallel  to  said  center  line,  through 
section  thirty  (30)  and  part  of  section  thirty-one  (31)  of  said 
township  and  range  to  the  south  line  of  the  northwest  quarter 
of  said  section  thirty-one  (31)  ;  thence  east  along  the  line  passing 
through  the  center  of  sections  thirty-one  (31)  and  thirty-two  (32) 
of  said  township  and  range  to  the  center  of  said  section  thirty-two 
(32)  ;  thence  north  along  the  line  passing  through  the  center  of 
sections  thirty-two  (32)  and  twenty-nine  (29)  of  said  township 
and  range  to  the  south  line  of  section  twenty  (20)  of  said  town- 
ship and  range  :  thence  east  along  the  south  line  of  sections  twenty 
(20)  and  twenty-one  (21)  of  said  township  and  range  to  the 
southeast  corner  of  said  section  twenty-one  (21)  ;    thence  north 


248  REVISED  ORDINANCES.  CHAP  VII. 

along  the  east  line  of  sections  twenty-one  (21)  and  sixteen  (16) 
of  said  township  and  range  to  the  northeast  corner  of  the  south- 
east quarter  of  said  section  sixteen  (16)  :  thence  east  along  the 
center  line  of  section  fifteen  (15)  of  said  townshijj  and  range  to 
the  east  line  of  said  section ;  thence  north  along  the  east  line  of 
said  section  fifteen  (15)  to  the  southeast  corner  of  section  ten 
(10)  of  said  township  and  range;  thence  west  along  the  south 
line  of  said  section  ten  (10)  to  the  southeast  corner  of  the  south- 
west quarter  of  said  section;  thence  north  along  the  center  line 
of  said  section  ten  (10)  to  the  center  of  said  section;  thence  west 
along  the  center  line  of  said  section  ten  (10)  to  the  southeast 
corner  of  the  northeast  quarter  of  section  nine  (9)  of  said  town- 
ship and  range ;  thence  north  along  the  east  line  of  sections  nine 
(9)  and  four  (4)  of  said  township  and  range  to  the  northeast 
corner  of  said  section  four  (4)  ;  thence  west  along  the  north  line 
of  said  section  four  (4)  to  the  southeast  corner  of  section  thirty- 
two  (32)  of  township  fifty-eight  (58)  of  range  thirty-five  (35)  ; 
thence  north  along  the  east  line  of  said  section  thirty-two  (32) 
to  the  northeast  corner  of  the  southeast  quarter  of  said  section; 
thence  Avest  along  the  north  line  of  the  southeast  quarter  of  said 
section  thirty-two  (32)  to  the  center  of  said  section:  thence  south 
along  the  west  line  of  the  southeast  quarter  of  said  section  thirty- 
two  (32)  to  the  north  line  of  section  (5)  of  township  fifty-seven 
(57)  of  range  thirty -five  (35)  ;  thence  west  along  the  north  line 
of  said  section  five  (5)  to  the  northwest  corner  of  the  east  half 
of  the  northwest  quarter  of  said  section  five  (5)  ;  thence  south 
along  the  west  line  of  said  east  half  of  the  northwest  quarter  of 
said  section  five  (5)  to  the  north  line  of  the  southwest  quarter 
of  said  section  five  (5)  ;  thence  west  along  the  north  line  of  said 
southwest  quarter  of  said  section  (5)  to  the  west  line  of  said  sec- 
tion (5)  ;  thence  south  along  said  west  line  to  the  northeast  corner 
of  section  seven  (7)  of  said  township  and  range :  thence  west 
along  the  north  line  of  said  section  seven  (7)  to  a  point  where  the 
west  line  of  an  alley  lying  and  being  between  Elwood  and  Belmont 
streets  intersects  the  said  north  line  of  section  seven  (7)  ;  thence 
south  on  the  said  west  line  of  said  alley  to  where  the  same  strikes 
the  Missouri  river,  thence  down  the  middle  of  the  main  channel 
of  the  Missouri  river  to  the  i)lace  of  beginning,  all  being  in  town- 
ships fifty-seven  (57)  and  fifty-eight  (58)  and  rftnge  thirty-five 
(35).     [G.  O.  No.  635,  Sec.  1]. 


ART.  II.  WARD  BOUNDARIES.  249 


ARTICLE     II. 

WARD  BOUNDARIES. 

Section  61.     Boundaries  of  wards. 

Sec.  61.  Boundaries  of  wards. — The  territory  embraced 
within  the  corporate  limits  of  the  city  of  St.  Joseph  shall  be 
divided  into  nine  wards,  the  boundary  lines  of  which  shall  be  as 
follows : 

First  Ward. 

The  First  Ward  shall  embrace  all  the  territory  lying  north 
of  the  center  of  Isabelle  and  Lincoln  streets  and  west  of  the  center 
of  Tenth  street,  of  the  west  line  of  the  northwest  quarter  of  sec- 
tion four  (4),  township  fifty-seven  (57),  range  thirty-five  (35)  and 
of  the  east  line  of  the  southeast  quarter  of  section  thirty-two  (32), 
township  fifty-eight  (58),  range  thirty-five  (35). 

Second  Ward. 

The  Second  Ward  shall  embrace  all  the  territory  lying  north 
of  the  center  of  Corby  street,  of  the  south  line  of  Mount  Mora 
cemetery  grounds  and  of  the  center  of  Colhoun  street,  and  east 
of  the  center  line  of  Tenth  street  and  of  the  west  line  of  the 
northwest  quarter  of  section  four  (4). 

Third  Ward. 

The  Third  Ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Isabelle  and  Lincoln  streets  to  the  center  of  Felix 
street,  and  west  of  the  center  line  of  Tenth  street. 

I 

Fourth  Ward. 

The  Fourth  Ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Corby  street,  the  south  line  of  Mount  Mora  ceme- 
tery grounds  and  the  center  of  Colhoun  street,  to  the  center  of 
Felix  street  and  a  line  produced  eastward  from  Felix  street,  and 
east  of  the  center  of  Tenth  street. 


250  REVISED  ORDINANCES.  CHAP.  VII. 

Fifth  Ward. 

The  Fifth  Ward  shall  embrace  all  the  territory  lying  south  of 
the  center  of  Felix  street  to  the  center  of  Mitchell  avenue,  and 
west  of  the  center  of  Fifteenth  street. 

Sixth  Ward. 

The  Sixth  Ward  shall  embrace  the  territory  lying  south  of 
the  center  of  Felix  street,  north  of  the  center  of  Mitchell  avenue 
and  east  of  the  center  of  Fifteenth  street. 

Seventh  Ward. 

The  Seventh  Ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Mitchell  avenue  to  the  south  line  of  section  20 
and  west  of  the  center  of  Twelfth  street. 

Eighth  Ward. 

The  Eighth  Ward  shall  embrace  all  the  territory  lying  south 
of  the  center  of  Mitchell  avenue  and  east  of  the  center  of  Twelfth 
street. 

Ninth  Ward. 

The  Ninth  Ward  shall  embrace  all  the  territory  lying  south 
of  the  south  line  of  section  twenty  (20)  and  west  of  the  center 
line  of  section  twenty-nine  (29)  and  of  the  north  half  of  section 
thirty-two  (32).     [G.  0.  No.  641,  Sec.  1]. 


ART.  III.  SUBDIVISION  OF  WARDS.  251 


ARTICLE     III. 

SUBDIVISION   OF   WARDS. 

Section      62.     Precinct      boundaries;      location  of   polling   places. 

Sec.  62.  Precmct  boundaries — polling  places. — The  several 
wards  of  the  city  are  hereby  subdivided  into  precincts  for  voting 
purposes  to  be  designated  by  letters,  and  the  locations  of  the 
polling  places  in  each  precinct  are  hereby  designated,  all  as  fol- 
lows: 

First  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
north  of  the  center  line  of  section  five  (5),  with  voting  place 
located  at  St.  Joseph  avenue  and  Madison  street. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
south  of  the  center  line  of  section  five  (5),  and  west  of  Seventh 
street,  Savannah  avenue  and  Third  street,  with  voting  place  lo- 
cated at  Third  and  Market  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward  lying 
south  of  the  center  line  of  section  five  (5),  and  east  of  Seventh 
street,  Savannah  avenue  and  Third  street,  with  voting  place  lo- 
cated at  St.  Joseph  avenue  and  Richardson  street. 

Second  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Seventeenth  street  and  of  the  west  line  of  the  east  half 
of  northwest  quarter  of  section  four  (4),  with  voting  place  lo- 
cated at  Thirteenth  and  Highly  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Seventeenth  street  and  of  the  west  line  of  the  east  half 
of  the  northwest  quarter  of  section  four  (4),  with  voting  place 
located  at  Frederick  avenue  and  Twenty-third  street. 


252  REVISED  ORDINANCES.  CHAP.  VII. 

Third  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Fifth  street  from  Isabelle  street  to  Louis  street,  with 
voting  place  located  at  Second  and  Franklin  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Fifth  street  and  north  of  Louis,  Hall  and  Church  streets, 
with  voting  place  located  at  Ninth  and  Ridenbaugh  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Fifth  street  and  south  of  Louis  street,  with  voting  place 
located  at  Third  and  Robidoux  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward  lying 
south  of  Louis,  Hall  and  Church  streets,  and  east  of  Fifth  street, 
wiht  voting  place  located  at  Seventh  and  Robidoux  streets. 

Fourth  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  the  center  of  Thirteenth  street  to  Seventeenth  street  from 
southeast  corner  of  Mount  Mora  cemetery  to  Frederick  avenue 
and  to  Kemper  street  and  Eighteenth  street  from  Frederick  ave- 
nue to  Felix  street,  with  voting  place  located  at  Sixteenth  street 
and  Buchanan  avenue. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Seventeenth  street  from  Colhoun  street  to  Frederick  ave- 
nue and  east  of  Kemper  and  Eighteenth  streets  from  Frederick 
avenue  to  Felix  street,  with  voting  place  located  at  Twenty-second 
and  Faraon  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Thirteenth  street,  with  voting  place  located  at  Twelfth 
and  Faraon  streets. 

Fifth  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Ninth  street  and  north  of  Messanie  street,  with  voting 
place  located  at  Fifth  and  Sylvanie  streets. 


ART.  III.  SUBDIVISION  OF  WARDS.  253 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Ninth  street  and  north  of  Locust  street,  with  voting  place 
located  at  Tenth  and  Charles  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Ninth  street  and  south  of  Messanie  street,  with  voting 
place  located  at  Seventh  and  Patee  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Ninth  street  and  south  of  Locust  street,  with  voting  place 
located  at  Tenth  and  Olive  streets.     [G.  0.  No.  641,  Sec.  2]. 

Sixth  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Nineteenth  street  and  north  of  Olive  street,  with  voting 
place  at  Seventeenth  and  Messanie  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
east  of  Nineteenth  street  and  north  of  Olive  street  and  the 
Chicago,  Burlington  &  Quincy  Railroad  right  of  way,  with  voting 
place  located  at  Twenty-second  and  Messanie  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward  lying 
south  of  Olive  street  and  the  Chicago,  Burlington  &  Quincy  Rail- 
road right  of  way  and  west  of  Twenty-fourth  street,  with  voting 
place  at  Twentieth  and  Lafayette  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward  lying 
south  of  Olive  street  and  the  Chicago,  Burlington  &  Quincy  Rail- 
road right  of  way  and  east  of  Twenty-fourth  street,  with  voting 
place  at  Twenty-eighth  and  Lafayette  streets.  [G.  O.  No.  762, 
Sec.  2]. 

Seventh  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward  lying 
west  of  Eighth  street  and  north  of  Scott  street,  with  voting  place 
at  Sixth  and  Duncan  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward  lying 
north  of  Scott  street  and  east  of  Eighth  street,  with  voting  place 
at  Tenth  and  Monteray  streets. 


254  REVISED  ORDINANCES.  CHAP.  VII. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  west  of  the  Hannibal  Railroad,  Atchison  route  and  Eighth 
street  and  south  of  Scott  street,  with  voting  place  at  Sixth  and 
Walnut  streets. 

Precinct  D.  Shall  comprise  all  that  portion  of  the  ward 
lying  east  of  the  Hannibal  and  St.  Joseph  Railroad,  Atchison 
route  and  Eighth  street  and  south  of  Scott  street,  with  voting 
place  at  Tenth  and  Hickory  streets.      [G.  0.  No.  763,  Sec.  2] . 

Eighth  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  north  of  Jackson  street,  with  voting  place  located  at  Thir- 
teenth and  Sacramento  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Jackson  street  and  north  of  Atchison  street  and  a 
line  produced  eastward  from  Atchison  street,  with  voting  place 
located  at  Thirteenth  and  Pacific  streets. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  Atchison  street  and  a  line  produced  eastward  from 
Atchison  street,  with  voting  place  located  at  Eighteenth  (or 
State)  and  Commercial  streets. 

Ninth  Ward. 

Precinct  A.  Shall  comprise  all  that  portion  of  the  ward 
lying  north  of  the  south  line  of  the  northwest  quarter  of  section 
twenty-nine  (29),  with  voting  place  located  at  what  is  known  as 
Second  and  Buffalo  streets. 

Precinct  B.  Shall  comprise  all  that  portion  of  the  ward 
lying  between  the  south  line  of  the  northwest  quarter  of  section 
twenty-nine  (29),  and  what  is  known  as  Texas  avenue  and 
Blake  streets,  with  voting  place  located  at  what  is  known  as  Mis- 
souri avenue  and  Park  avenue. 

Precinct  C.  Shall  comprise  all  that  portion  of  the  ward 
lying  south  of  what  is  known  as  Texas  avenue  and  Blake  street, 
with  voting  place  located  at  what  is  known  as  Illinois  avenue  and 
and  Lake  avenue.     [G.  0.  No.  641,  Sec.  2.] 


ART.  I.  BUILDINGS.  255 


CHAPTER     VIII. 

BUILDINGS. 

Article  '    Article 

I.     Buildings,    survey    and    inspec-  III.     Unsafe  buildings. 

tion  of.  IV.     Construction  of  buildings. 

n.     Permits     by     superintendent    of  "V.     Removal    of   buildings, 

buildings.  VI.     Numbering  of  buildings. 


ARTICLE     1. 

BUILDINGS— SURVE  ^  AND  INSPECTION   OF. 

Section  ,    Section 

63.  Executive     department     for     in-  67.     Duties  of  superintendent. 

spection    of  buildings.  i  68.     Powers  of  superintendent. 

64.  Superintendent   of  buildings.  69.     Records     of     executive     depart- 

65.  Members  of  the  department.  ment. 

66.  Qualifications   of  superintendent.    | 

Sec.  63.  Executive  department  for  inspection  of  build- 
ings.— ^There  is  hereby  created  in  the  city  of  St.  Joseph  an  execu- 
tive department,  to  be  known  and  designated  as  the  department 
for  the  survey  and  inspection  of  buildings,  which  shall  have 
charge  of  the  enforcing  of  all  ordinances  in  force  or  which  may  be 
hereafter  passed,  pertaining  to  the  erection,  construction,  altera- 
tion, repair  or  removal  of  buildings,  or  the  storage  of  combusti- 
bles, and  the  arrangement  of  heating  appliances.  Said  depart- 
ment shall  also  perform  the  duties  pertaining  to  the  investiga- 
tions as  to  the  cause  and  origin  of  fires,  and  such  other  duties  as 
may  be  imposed  upon  it  by  ordinance.  [R.  0.  1897,  Chap.  15, 
Art.  1,  Sec.  1] . 

Sec.  64.  Superintendent  of  buildings. — The  chief  office  of 
said  department  shall  be  called  the  superintendent  of  building. 
The  mayor,  by  and  with  the  consent  of  the  common  council,  shall 
appoint  some  suitable  person  to  fill  such  position,  and  he  shall 
hold  his  office  until  removed  for  cause,  in  the  manner  provided  by 
law  for  the  removal  of  other  appointive  officers  of  the  city.  The 
superintendent  of  buildings  shall  receive  a  salary  of  twelve  hun- 
dred dollars  per  year,  payable  monthly.     [G.  O.  No.  605,  Sec  2]. 


256  REVISED  ORDINANCES.  CHAP.  VIII. 

Sec.  65.  Members  of  the  department. — The  city  engineer, 
the  chief  of  police  and  the  chief  engineer  of  the  fire  department 
shall  be  the  other  members  of  the  department  ex  officio.  [R.  0. 
1897,  Chap.  15,  Art.  1,  Sec.  3J. 

Sec.  66.  Qualifications  of  superintendent. — The  superin- 
tendent of  buildings  shall  be  an  able  and  experienced  architect, 
builder  or  mechanic,  comi)etent  to  perform  all  the  duties  of  the 
office  to  which  he  is  appointed,  and  shall  not,  during  his  term  of 
office,  be  employed  or  engaged  in  any  other  vocation,  or  be  in- 
terested in  any  contract  or  contracts  for  building  or  for  furnish- 
ing materials.     [R.  0.  1897,  Chap.  15,  Art.  1,  See.  4]. 

Sec.  67.  Duties  of  superintendent. — It  shall  be  the  duty  of 
the  superintendent  of  buildings  to  issue  all  permits  for  the  erec- 
tion of  buildings  or  the  making  of  repairs;  to  keep  a  record  of  all 
the  transactions  of  said  department ;  to  report  all  violations  of  this 
ordinance  to  the  city  attorney,  that  the  offenders  may  be  pros- 
ecuted ;  to  enter  upon  the  premises  wherein  any  fire  has  occurred, 
if  necessary,  in  order  to  investigate  the  origin  of  such  fire ;  and, 
further,  to  perform  such  other  duties  as  are  herein  required  of  him. 
He  shall  examine  all  buildings  in  the  course  of  erection,  altera- 
tion or  repair,  throughout  the  city,  as  often  as  practicable,  and 
see  that  all  the  requirements  of  the  ordinances  in  relation  thereto 
are  complied  with.  He  shall  inspect  all  public  school  buildings, 
public  halls,  churches  and  theaters,  and  all  buildings  used  for 
manufacturing  or  commercial  .purposes,  hotels  and  lodging  houses, 
at  least  once  each  j  ear,  for  the  purpose  of  determining  the  safety 
of  such  buildings,  the  facilities  for  egress  in  case  of  fire,  the  over- 
loading of  floors,  the  storage  of  combustibles  or  other  dangerous 
substances,  and  shall  apply  such  remedies  as  he  may  be  enpowered 
to  apply.  In  the  performance  of  his  duties,  the  said  superintend- 
ent shall  have  the  right  to  enter  any  building  or  premises  in  the 
city  of  St.  Joseph.      [R.  O.  1897,  Chap.  15,  Art  1,  Sec.  5J. 

Sec.  68.  Powers  of. — The  superintendent  of  buildings  shall 
have  full  discretionary  power  of  declaring  to  be  public  nuisances, 
all  such  buildings  and  structures,  or  parts  or  walls  thereof,  as  are 
evidently  or  palpably  unsafe  and  dangerous  as  to  fire,  or  have  be- 
come unsafe  and  dangerous  from  fire,  decay  or  other  cause,  and 


ART.  I.  BUILDINGS.  257 

institute  such  steps  as  may  be  necessary  for  the  immediate  abate- 
ment of  any  and  all  such  nuisances.  He  shall  have  power  to  stop 
the  construction  of  any  building  or  the  making  of  any  repair, 
where  the  same  is  being  done  in  violation  of  the  ordinances  of  the 
city.     [R.  0.  1897  Chap.  15,  Art.  1,  Sec.  6]. 

Sec.  69.  Records  of  executive  department. — The  records  of 
the  department  shall  contain,  besides  a  register  of  its  transactions, 
a  report  of  all  violations  of  this  chapter  in  the  improper  con- 
struction, alteration  or  repair  of  buildings,  or  in  the  unsafe  con- 
dition of  any  building,  either  from  improper  construction  or  from 
other  causes,  with  the  location,  names  of  owners,  lessees,  occu- 
pants, master  mechanic,  contractor  and  architect  interested  in  the 
construction  of  such  building  or  its  occupancy,  and  in  case  of 
fires  a  record  of  the  probable  origin  thereof.  Such  records  shall 
be  open  for  inspection  and  information  to  any  official  of  this  city. 
[R.  0.  1897,  Chap.  15,  Art.  1.  See  7]. 


ir 


258  REVISED  ORDINANCES.  CHAP.  VIII. 


ARTICLE    II. 

PERMITS   BY   SUPERINTENDENT   OF  BUILDINGS. 

Section  ,   Section 

70.  Building    permit    to    be    issued,     I       74.     Penalty  for  continuing  in  street, 

when.  etc. 

71.  Same;     plans    to    be    examined,     !       75.     Permits   to   be    issued   on   appli- 

etc.  cation,   when. 

72.  Additions,   repairs,    etc.,    subject  76.     Record  of  permits   to  be  kept. 

to,   etc.  77.     Superintendent's   fees,    how    dis- 

73.  Street  or  sidewalk  not  to  be  oc-  posed   of. 

cupied,   etc.  j 

Sec.  70.  Building  permit  to  be  issued. — No  person  or 
corporation  shall  erect  a. building  or  structure  of  any  kind,  or  add 
to,  enlarge  or  extend  any  building  or  structure  already  erected, 
or  which  may  hereafter  be  erected  within  this  city,  without  first 
obtaining  a  permit  from  the  superintendent  of  buildings.  The 
application  for  such  permit  shall  state  the  exact  site  to  be  oc- 
cupied, the  material,  dimensions  and  estimated  cost  of  the  pro- 
posed building  or  structure,  and  the  probable  time  to  be  occupied 
in  building.  The  superintendent  of  buildings  shall  thereupon, 
after  an  inspection  of  the  premises,  or  without  inspection,  as  he 
may  see  fit,  if  he  approve  the  application,  issue  a  building  per- 
mit to  the  applicant,  giving  him  permission  to  erect  a  building  or 
structure  at  the  place,  and  of  the  materials  and  dimensions  men- 
tioned in  the  application,  and  authorizing  the  use  and  occupation 
of  not  more  than  one-half  of  the  roadway,  and  all  of  the  sidewalk 
in  front  of  said  premises,  and  limiting  the  time  for  which  said 
permit  shall  continue.  The  superintendent  of  buildings  may,  if 
he  sees  fit,  require  that  plans  of  the  proposed  erection,  alteration 
or  addition  shall  be  submitted  for  inspection  before  issuing  his 
permit.  The  gutter  or  water-way  of  any  street,  avenue  or  alley 
shall  not,  at  any  time,  be  obstructed  by  any  building  or  other 
material  so  as  to  prevent  the  free  passage  of  water  in  and  along 
the  same ;  but  the  superintendent  of  buildings  may,  in  proper 
cases,  to  be  determined  by  him,  authorize  the  removal  of  a  part  or 
the  whole  of  the  sidewalk  in  front  of  the  premises  where  the 
building  is  to  be  done;  provided,  a  good  temporary  plank  side- 
walk shall  be  constructed  over  the  gutter,  not  less  than  four  feet 


ART.  II.  PERMITS.  259 

wide,  and  be  kept  and  maintained  free  and  clear  of  obstructions, 
and  to  the  satisfaction  of  the  said  superintendent  of  buildings. 
[R.  0.  1897,  Chap.  15,  Art.  2,  Sec.  1]. 

Sec.  71.  Same — plans  to  be  examined. — -The  superintendent 
of  buildings  shall  not  issue  a  permit  for  the  erection  of  any  build- 
ing to  be  used  for  public  assemblies  until  he  has  carefully  in- 
spected the  plans  and  specifications  thereof,  and  ascertained  that 
the  building  has  sufficient  strength,  and  that  the  means  of  ingress 
and  egress  are  sufficient ;  and  a  copy  of  said  specifications  shall 
be  deposited  in  the  office  of  said  superintendent.  [R.  0.  1897, 
Chap.  15,  Art.  2,  Sec.  2] . 

Sec.  72.  Additions  or  repairs,  etc. — Any  work  of  altera- 
tion or  repair  made  or  done  for  any  purpose,  in,  to  or  upon  any 
building  or  structure,  except  that  of  necessary  repairs  not  affect- 
ing the  construction  of  the  external  or  party  walls,  chimneys  or 
stairways  of  a  building,  shall,  to  the  extent  of  such  work  of  alter- 
ation, addition  or  repair,  be  subject  to  the  regulations  of  this  ordi- 
nance.    [R.  0.  1897,  Chap.  15,  Art.  2,  Sec.  3]. 

Sec.  73.  Street  or  sidewalk  not  to  be  occupied  with  ma- 
terial.— No  person,  except  merchants  in  the  transaction  of  their 
daily  business,  shall  deposit,  place  or  leave  any  material,  article, 
substance  or  thing  on  any  street,  alley,  curb,  gutter,  sidewalk  or 
public  place  of  this  city,  without  first  obtaining  a  permit  therefor 
from  the  superintendent  of  buildings.  The  said  superintendent 
may,  in  his  discretion,  authorize  the  use  of  a  portion  of  any  street, 
alley,  or  sidewalk  for  a  reasonable  time  and  to  such  extent  as  he 
may  deem  necessary.      [R.  0.  1897,  Chap.  15,  Art.  2,  Sec.  4:] . 

Sec.  74.  Penalty  for  continuing,  etc. — A  conviction  under 
any  provision  of  this  ordinance,  shall  work  a  forfeiture  of  such 
permit,  if  the  same  shall  have  been  issued,  and  the  party  convicted 
shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more 
than  five  hundred  dollars  for  each  and  every  day  he  shall  con- 
tinue such  building,  or  occupy  any  portion  of  a  street,  alley,  gut- 
ter, curb,  sidewalk  or  public  place,  or  leave  either  unrepaired  after 
such  conviction.      [R.  0.  1897,  Chap.  15,  Art.  2,  Sec.  5] . 


260  REVISED  ORDINANCES.  CHAP.  VIII. 

Sec.  75.  Permits  to  be  issued  on  application,  when. — Per- 
mits provided  for  iu  this  ordinance  siiail  ouly  be  issued  upon  the 
application  of  the  o^vners  or  authorized  agents  of  the  owners  of 
the  property  to  be  built  upon.  Every  application  shall  contain 
an  agreement  to  save  the  city  harmless  from  all  costs  and  dam- 
ages which  may  accrue  by  reason  of  such  use  or  occupancy.  [R. 
O.  1897,  Chap.  15,  Art.  2,  Sec.  6]. 

Sec.  76.  Record  of  permits,  etc.,  to  be  kept. — The  superin- 
tendent of  buildings  shall  keep  a  record  of  all  permits  issued, 
which  shall  be  regularly  numbered  in  the  order  of  their  issue,  and 
he  shall  also  file  and  preserve  in  his  office  the  applications  upon 
which  permits  are  issued.  He  shall  also  keep  a  record  of  the 
number,  description  and  size  of  every  building  erected  in  the  city 
during  his  term  of  office,  of  what  materials  constructed,  with  the 
aggregates  of  the  number,  kind  and  cost  of  all  buildings.  [R.  0. 
1897,  Chap.  15,  Art.  2,  Sec.  7]. 

Sec.  77.  Superintendent's  fees,  how  disposed  of. — The 
applicant  or  applicants  for  such  building  permits  sliall  pay  to  the 
superintendent  of  buildings  the  sum  of  one  dollar,  if  the  estimated 
cost  of  said  building  or  alteration  thereof  shall  be  less  than  one 
thousand  dollars ;  two  dollars  if  the  same  shall  be  more  than 
one  thousand  dollars  or  less  than  five  thousand  dollars,  and  for 
every  additional  one  thousand  dollars  over  five  thousand  dol- 
lars, the  further  sum  of  fifty  cents.  In  all  cases  the  fees  allowed 
for  issuing  permits  must  be  paid  before  the  same  are  issued.  All 
moneys  received  by  the  superintendent  of  buildings  shall  be  paid 
by  him  into  the  city  treasury  at  least  once  a  month,  at  which  time 
he  shall  make  a  statement  of  the  amount  so  received,  giving  the 
date  when,  and  the  name  of  the  person  from  whom  received,  and 
shall  take  triplicate  receipts  therefor,  one  to  be  filed  with  the 
comptroller,  one  with  the  auditor,  and  the  other  retained.  [R.  O. 
1897,  Chap.  15,  Art.  2,  Sec.  8]. 


ART.  III.  UNSAFE  BUILDINGS.  261 


ARTICLE     III 


UNSAFE  BUILDINGS. 


Section 

78.  Owner  to  be  notified  of  condition 

of  building. 

79.  Must  be  lemoved  or  protected. 

80.  Proceedings    to    condemn    build- 

ing. 


Section 

81.  Owner  to  be  reported  for  keep- 

ing a  nuisance. 

82.  Penalty  for  violating  this  article, 

83.  Duty    of    superintendent    as    to 

dangerous  buildings. 


Sec.  78.  Owner  to  be  notified  of  condition  of  build- 
ing.— If  any  buikliiig  or  part  of  a  building,  staging  or  other  struc- 
ture, or  anything  attached  to  or  connected  with  any  building  or 
other  structure,  in  the  city  of  St.  Joseph,  shall,  by  reason  of  its 
construction  or  use,  or  from  fire,  decay,  or  other  cause,  be  re- 
ported dangerous  or  unsafe,  so  as  to  endanger  life  or  limb,  it 
shall  be  the  duty  of  the  superintendent  of  buildings  to  inspect 
such  structure,  and,  if  in  his  opinion  the  same  be  dangerous,  he 
shall  immediately  notify  the  owner,  agent,  occupant  or  other  party 
having  an  interest  in  said  structure  to  cause  the  same  to  be  made 
safe  and  secure,  or  removed,  as  may  be  necessary.  [R.  0.  1897, 
Chap.  15,  Art.  3,  See.  1] . 

Skc.  79.  Must  be  removed  or  protected. — The  person  or 
persons  so  notified  shall  be  allowed  until  twelve  o'clock,  noon,  of 
the  day  following  the  service  of  such  notice,  in  which  to  commence 
the  securing  or  removal  of  the  same ;  and  he  or  they  shall  employ 
sufficient  labor  to  remove  or  secure  the  same  as  expeditiously  as 
can  be  done ;  provided,  however,  that  in  cases  where  the  public 
safety  requires  immediate  action,  the  superintendent  of  buildings 
may  enter  upon  the  premises,  with  such  vorkmen  and  assistants 
as  may  be  necessary,  and  cause  the  said  unsafe  structure  to  be 
shored  up,  taken  down  or  otherwise  secured  without  delay,  and  a 
proper  fence  or  boarding  to  be  put  up  for  the  protection  of  pass- 
ers-by.    [R.  0.  1897,  Chap.  15,  Art.  3,  Sec.  2] . 

Sec.  80.  Proceedings  to  condemn  buildings. — If  the  owner, 
agent,  occupant  or  other  party  interested  in  said  unsafe  structure, 
having  been  notified,  shall  refuse  or  neglect  to  comply  with  the 


262  KEVISED  ORDINANCES  CHAP.  VIII. 

requirements  of  said  notice,  as  provided  by  the  last  preceding' 
section,  within  the  time  therein  limited,  then  a  careful  survey  of 
the  premises  named  in  said  notice  shall  be  made  at  once  by  three 
disinterested  persons,  one  to  be  appointed  by  the  superitendent 
of  buildings,  one  by  the  owner,  occupant  or  other  interested  party, 
and  the  third  chosen  by  these  two ;  and  the  report  of  such  survey 
shall  be  reduced  to  writing,  and  a  copy  served  upon  the  owner, 
occupant  or  other  interested  party,  and  if  said  owner,  occupant  or 
other  interested  party  refuse  or  neglect  to  appoint  a  member  of 
said  board  of  survey  when  thereunto  required,  then  the  survey 
and  report  shall  be  made  by  the  city  engineer  and  the  chief  engi- 
neer of  the  fire  department,  and  in  case  of  disagreement  they 
shall  choose  a  third  person.      [R.  0.  1897,  Chap.  15,  Art.  3,  Sec.  3]. 

Sec.  81.     Owner  to  be  reported  for  keeping  a  nuisance. — 

Whenever  the  report  of  any  such  survey  had,  as  aforesaid,  shall 
declare  the  structure  to  be  unsafe  or  dangerous  to  life  or  limb,  the 
superintendent  of  buildings  shall,  upon  the  continued  refusal  or 
neglect  of  the  owner,  occupant  or  other  interested  party,  report 
such  owner,  occupant  or  other  interested  party  to  the  city  attor- 
ney for  immediate  prosecution  for  keeping  and  maintaining  a 
nuisance.      [R.  0.  1897,  Chap.  15,  Art.  3,  See.  4] . 

Sec.  82.  Penalty  for  violating,  etc. — Any  person  who  shall 
permit  any  building  of  which  he  is  the  owner  or  agent  to  remain 
in  an  unsafe  or  dangerous  condition,  after  notice  from  the  su- 
perintendent of  buildings,  as  hereinbefore  provided,  shall,  for 
every  day  he  shall  so  permit  the  same  to  remain  in  such  condition, 
be  guilty  of  a  misdemeanor,  and  foi-feit  and  pay  to  the  city  of  St. 
Joseph  a  sum  which  shall  not  exceed  one  hundred  dollars,  to  be 
recovered  in  the  police  court  of  said  city,  and  he  may  also  be 
punished  in  addition  thereto  by  imprisonment  in  the  city  prison  or 
workhouse  for  a  term  not  exceeding  three  months.  Upon  such 
trial  and  conviction  the  judgment  in  addition  to  the  punishment 
hereinbefore  provided  for  shall  be  that  the  structure  complained 
of  shall  be  abated  as  a  nuisance,  and  that  the  same  shall  be  by 
the  chief  of  police  either  taken  down  or  properly  secured,  and  a 
writ  shall  issue  upon  such  judgment  directed  to  the  chief  of  police 
of  said  city  of  St.  Joseph,  directing  him  forthwith  to  proceed  to 
abate,  take  down  or  otherwise  secure  siTch  structure  so  as  to  make 
it  safe  and  secure.     All  expenses  incurred  in  the  execution  of  such 


ART.  III.  UNSAFE  BUILDINGS.  263 

writ  of  abatement  of  any  nuisance  on  any  private  property  within 
the  city  of  St.  Joseph  shall  be  by  said  chief  of  police  duly  item- 
ized, stated  and  returned  with  said  writ  of  abatement  to  the  city 
engineer,  who  shall  thereupon  assess  the  same  as  a  special  tax 
against  the  lot  or  lots,  or  parcels  of  ground  upon  which  such  nuis- 
ance was  located,  describing  the  property  and  the  owner  thereof, 
and  shall  issue  a  special  tax  bill  therefor  against  such  property  in 
the  same  manner  and  with  the  same  effect  as  special  tax  bills  are 
issued  for  paving.      [R.  0.  1897,  Chap.  15,  Art.  3,  Sec.  5]. 

Sec.  83.  Duty  of  superintendent  as  to  dangerous  build- 
ings.— If  any  building  in  the  city  of  St.  Joseph  shall  appear, 
upon  examination  by  the  superintendent  of  buildings,  to  be  es- 
pecially dangerous  to  life  and  limb  by  reason  of  insufficient  thick- 
ness of  walls,  overloaded  floors,  defective  construction  or  other 
causes,  such  building  shall  be  held  and  taken  to  be  dangerous 
within  the  meaning  of  and  subject  to  all  of  the  provisions  of  this 
ordinance ;  and  the  superintendent  of  buildings,  besides  proceed- 
ing as  hereinbefore  provided,  may  affix  a  notice  of  the  dangerous 
character  of  the  structure  to  a  conspicuous  place  on  the  exterior 
wall  of  said  building.  Any  person  or  persons  removing  such  no- 
tice so  affixed  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  five  hundred  dollars  for  each  and  every  offense.  [R. 
O.  1897,  Chap.  15,  Art.  3,  Sec.  6]. 


264 


REVISED  ORDINANCES. 


CHAP.  VIII. 


ARTICLE     IV. 


CONSTRUCTION  OF  BUILDINGS. 


Section 
84.     Wall, 


85. 
86. 

87. 


90. 
91. 


92. 
93. 


94. 


95. 


structure  and  building, 
etc. 

Foundation    to    be    of   masonry. 

AValls   to  be  anchored. 

Buildings  outside  of  fire  limits. 

Walls  within  the  fire  limits, 
how    constructed. 

Roofs  to  be  of  tin  or  slate. 

Chimneys  and  flues,   how  built. 

Buildings  to  be  of  incombusti- 
ble  materials. 

Walls  to  be  protected,  how. 

Wooden  buildings  authorized 
by  superintendent. 

Frame  buildings;  basement 
walls. 

Suijerintendent  to  inspect 
buildings  being  erected. 


Section 

96.     Height     of     stories     on     given 

thickness    of    walls. 
Thickness  of  walls  for  business 

buildings. 
Existing    party    walls    may    be 

used.   when. 
The  term    "business  buildings" 

defined. 
The    term     "wholesale    stores" 

defined. 
The      basement   story"   defined. 
The   height   of   buildings    taken 

from    what    point. 
Red  light  at  obstruction;    pass- 
way. 
104.     Penalty. 


97. 


98. 


99. 


100. 


101. 
102. 


103. 


Sec.  84.  Wall,  structure  and  building,  etc. — No  wall, 
structure,  building,  part  or  parts  thereof  shall  hereafter  be  built, 
constructed,  altered  or  repaired,  except  in  conformity  with  the 
provisions  of  this  ordinance.  [R.  0.  1897,  Chap.  15,  Art.  4, 
Sec.  1]. 

Sec.  85.  Foundations  to  be  of  masonry. — Proper  founda- 
tions of  masonry  shall  be  prepared  for  the  support  of  buildings. 
Business  buildings  fronting  streets  having  sewers  shall  have  their 
foundations  sunk  at  least  twelve  inches  below  the  drainage,  and 
no  foundation  shall  be  less  than  three  feet  below  the  exposed 
surface  of  the  ground.  The  breadths  of  foundation  of  the  sev- 
eral parts  of  any  bviilding  shall  be  proportioned  so  that  the  pres- 
sure shall,  as  nearly  as  practicable,  be  equal  on  each  square  of 
the  foundation.     [R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  2] . 


Sec.  86.  Walls  to  be  anchored. — In  brick  walls  every  sev- 
enth course  shall  be  headers.  Walls  shall  be  securely  anchored  at 
the  top  of  each  story.  All  floor-beams,  joists  and  headers  shall 
be  kept  at  least  two  inches  clear  of  any  wall  enclosing  a  flre  flue 
or  chimney  breast.     [R.  O.  1897,  Chap.  15,  Art.  4,  Sec.  3]. 


ART.  IV.  COxNISTRUCTION  OF  BUILDINGS.  ^    265 

Sec.  87.  Buildings  outside  of  fire  limits.— All  buildings 
erected  outside  of  the  fire  limits  shall  be  constructed  of  materials 
suitable  for  the  purpose  and  in  a  safe  and  workmanlike  manner. 
[R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  4]. 

Sec.  88.     Walls  within  the  fire  limits,  how  constructed.— 

No  building  or  structure  of  any  kind  or  description  ex- 
cept as  hereinafter  provided,  shall  be  erected  or  con- 
structed within  the  fire  limits,  unless  both  the  outside  and  party 
walls  thereof  shall  be  composed  of  brick,  stone,  iron  or 
other  incombustible  material;  and  all  buildings  which  shall 
or  may  hereafter  be  erected  or  constructed  within  said  fire 
limits,  shall  have  outside  walls  of  not  less  than  thirteen 
inches  in  thickness ;  and  if  any  building  shall  be  more  than 
two  stories  in  height  above  the  basement  the  outside  walls 
of  the  basement  shall  not  be  less  than  eighteen  inches  in  thick- 
ness; the  outside  walls  of  the  first  story  shall  not  be  less  than 
thirteen  inches  in  thickness,  and  the  walls  of  the  stories  above 
shall  not  be  less  than  thirteen  inches  in  thickness ;  provided,  that 
buildings  erected  and  used  as  dwellings  only  may  be  constructed 
with  walls  four  and  one-half  inches  less  in  thickness  than  is  hereby 
above  specified ;  and,  provided  further,  that  any  building,  cottage 
or  barn  one  story  in  height  may  be  built  with  walls  not  less  than 
nine  inches  thick.      [R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  5]. 

Sec.  89.  Roofs  to  be  of  tin  or  slate. — All  roofs  of  buildings 
erected  or  constructed  for  business  purposes  within  the  fire  limits 
shall  be  of  tin,  slate  or  some  other  non-combustible  material.  [R. 
O.  1897,  Chap.  15,  Art.  4,  Sec.  6]. 

Sec.  90.  Chimneys  and  flues,  how  built. — All  chimneys  shall 
be  built  of  brick,  stone  or  fireproof,  non-conducting  material.  All 
brick  flues  shall  be  smoothly  plastered  inside  with  mortar,  from  top 
to  bottom,  and  all  flues  shall  be  not  less  than  nine  inches  square 
on  the  inside.  Brick  flues  not  starting  from  the  foundation  walls 
shall  be  securely  built  into  the  brickwork  of  the  walls  to  which 
they  are  hung.  In  no  case  shall  chimneys  rest  upon  any  flooring 
without  a  footing  of  masonry  or  iron,  supported  by  iron  beams 
having  a  secure  bearing  on  masonry  or  iron  at  either  end.  All 
flues  shall  be  topped  out  at  least  three  and  one-half  feet  above  the 


266  REVISED  ORDINANCES.  CHAP.  VIII. 

building  to  which  they  belong.     [K.  0.  1897,  Chap.  15.  Art.  4, 
Sec.  7]. 

Sec.  91.  Buildings  to  be  of  incombustible  material. — In  any 
buildings  more  than  two  stories  in  height  hereafter  to  be  erected 
as  a  tenement  house  or  lodging  house,  in  which  the  lower  part  is 
intended  to  be  used  for  business  or  manufacturing  purposes  of  any 
kind,  the  hall  partitions  from  the  cellar  to  the  second  floor  shall 
be  built  of  brick  or  stone,  or  other  incombustible  material.  [R.  O. 
1897,  Chap.  15,  Art.  4,  Sec.  8]. 

Sec.  92.  Walls  to  be  protected. — All  walls  of  buildings  here- 
after to  be  erected  on  the  line  of  lots  between  different  owners  not 
extending  down  below  the  curb  level  upon  the  streets  where  said 
buildings  are  erected  to  a  depth  of  nine  feet  to  the  bottom  of  foot- 
ings for  business  houses  shall  be  underpinned,  sustained  and  pro- 
tected at  the  entire  charge  and  cost  of  the  owner  or  owners 
thereof;  provided,  however,  that  it  shall  be  the  duty  of  the  ;i.d- 
joining  oAvner  or  owners  wishing  to  sink  their  cellars  or  walls  to 
a  greater  depth  than  those  adjoining,  to  give  timely  written  notice 
to  the  owner  or  owners  of  prior  erected  buildings  of  their  inten- 
tion to  do  so,  and  shall  also  permit  the  occupancy  of  their  ground 
to  so  protect  and  underpin  the  said  walls,  building  or  buildings ; 
but  in  all  cases  where  the  former  walls  have  been  down  the  depth 
as  above  specified,  and  then  in  that  case  parties  building  upon  the 
adjoining  lots  and  excavating  their  cellars  to  a  greater  depth 
than  above  named,  shall  at  their  own  cost  and  expense  use  all 
proper  care  to  underpin,  sustain  and  protect  the  former  erected 
walls  or  buildings.      [R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  9] . 

Sec.  93.  Wooden  buildings,  etc.,  authorized  by  superintend- 
ent.— No  frame  or  wooden  building,  shed,  exterior  stairway,  stoop, 
balcony,  piazza,  platform  or  other  structure  in  whole  or  in  part  of 
wood,  inside  the  fire  limits,  shall  be  erected,  except  the  same  be 
open  on  one  or  more  sides,  and  the  same  be  authorized  by  the  su- 
perintendent of  buildings,  under  his  certificate,  to  bo  fii'st  obtained 
therefor.     [R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  10]. 

Sec.  94.  Frame  building  -basement  walls. — Any  frame 
building  may  be  raised  foi-  the  i)nrpose  of  constructing  a  base- 
ment story  under  such  building.     The  principal  floor  of    such 


ART.  IV.  CONSTRUCTION  OF  BUILDINGS.  267 

building  shall  not  be  elevated  more  than  eight  feet  above  the 
grade  of  the  sidewalk.  The  walls  enclosing  basement  shall  be  of 
brick  or  stonework ;  if  of  brick,  if  the  superstructure  is  only  one 
story  high,  the  walls  shall  not  be  less  than  nine  inches  thick;  if 
two  stories  high,  the  walls  shall  be  thirteen  inches  thick.  If  the 
building  to  be  raised  is  a  church  or  other  hall  or  assembly  room, 
the  thickness  of  the  basement  walls  shall  be  proportioned  to  its 
length  and  other  conditions,  to  be  approved  by  the  superintendent 
of  buildings.      [R.  O.  1897,  Chap.  15,  Art.  4,  Sec.  11] . 

Sec.  95.  Superintendent  to  inspect  buildings  being 
erected. — It  shall  be  the  duty  of  the  superintendent  of  buildings 
to  visit  and  inspect  each  any  any  building  or  buildings  which  may 
be  in  the  course  of  erection,  construction  or  alteration  within  the 
limits  of  the  city,  and  to  see  that  such  house  or  houses,  or  build- 
ing or  buildings  are  being  erected  or  altered  according  to  the  pro- 
visions of  this  ordinance.  His  visits  and  inspections  shall  be  re- 
peated from  time  to  time  during  the  erection,  construction  or  al- 
teration of  such  house  or  houses,  building  or  buildings,  until  the 
same  is  enclosed,  when  his  duties  shall  terminate.  [R.  0.  1897, 
Chap.  15,  Art.  4,  See.  12]. 

Sec.  96.  Height  of  stories  on  given  thickness  of  walls. — The 
height  of  stories  for  all  given  thickness  of  walls  niiist  not  exceed 
eleven  feet  in  the  clear  for  basement,  eighteen  feet  in  the  clear 
for  the  first  story,  fifteen  feet  in  the  clear  for  the  second  story, 
thirteen  feet  in  the  clear  for  the  third  story,  twelve  feet  in  the 
clear  for  the  fourth  story  and  fourteen  feet  in  the  clear  average 
height  of  upper  story.  If  any  story  exceeds  these  height  respect- 
ively, the  walls  of  such  story  and  of  all  the  stories  below  the  same 
shall  be  increased  four  inches  in  thickness  additional  to  the  thick- 
ness already  mentioned.      [R.  0.  1897,  Chap.  15.  Art.  4,  Sec.  13]. 

Sec.  97.  Thickness  of  walls  for  business  buildings. — In  ac- 
cordence  with  the  foregoing  provisions  all  walls  or  business  build- 
ings shall  be  of  the  thickness  desiornated  in  the  following  table: 


268 


REVISED  ORDINANCES. 


CHAP.  VIII. 


ENCLOSING  WALLS. 


One  story  high 

Two  stories  high 

Three  stories  high 

Four  stories  high 

Five  stories  high 

Six  stories  high 

Seven  stories  high 

DIVISION  WALLS  IN  BUSINESS  BUILDING. 

Three  story  buildings 

Four  story  buildings.. 

Five  story  buildings 

Six  story  buildings 

Seven  story  buildings 

FRONT  AND  REAR  WALLS. 

Four  story  buildings 

Five  story  buildings 

Six  story  buildings 

Seven  story  buildings 


PARTITION  WALLS  IN  BUSINESS  BUILDING. 


For  one  story .... 
For  two  stories. . . 
For  three  stories. 
For  four  stories  . . 
For  five  stories. . . 
For  six  stories  . . . 
For  seven  stories. 


13 
18 
18 
26 
30 
30 
30 


18 

22^ 

26 

26 

30 


22i 
22i 
30 
30 


13 
18 
18 
22J 
26 
30 
30 


9 
13 
18 
22^ 
26 
26 
26 


13 

18 
22^ 
22^ 
26 


18 
22h 
26 
26 


9 
13 
13 
18 
22J 
26 
26 


13 
13 

18 
22i 
22^ 
26 


13 

18 
18 

22.^, 
22i 


18 
18 
22i 
26 


2« 

-c  u 


13 

18 
18 
18 
22i 


13 
13 

18 
18 
22h 


13 

18 
18 

22  i 


>> 

o  . 

--a 
^^ 

O 


13 
13 

18 
18 

221 


13 
13 

18 
18 


26  I   22i 


13 

18 
18 
18 


13 
13 
18 
18 


13 
13 
18 
22i 


13 
13 

18 


03^ 

-5P 


13 
13 


13 
13 


13 
13 
18 


13 
13 


22*1  18 


13 
18 


c  c 


13 


13 


13 


13 


[R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  14] . 

Sec.  98.  Existing  party  wall  may  be  used. — Any  party  wall 
now  existing  that  shall  have  been  bnilt  conformable  to  the  require- 
ments of  any  law  regulating  the  construction  of  such  walls,  and 
in  force  at  the  time  of  such  construction,  if  sound  and  in  good 
condition,  may  be  used  in  the  construction  of  any  adjoining 
building;  provided,  however,  that  no  brick  work  shall  be  placed 
on  such  wall  to  give  additional  height  to  the  wall,  unless  the  thick- 
ness of  such  additional  wall  and  the  thickness  of  the  old  wall  in 
each  story  shall  at  least  equal  the  thickness  required  for  division 
walls  of  same  height  for  business  buildings  as  re(iuired  for  divis- 
ion walls.  This  section  shall  apply  in  all  eases  where  it  is  de- 
sired to  add  additional  height  to  any  business  building.  In  case 
of  outside  walls  of  any  business  building  being  built  against  the 


ART.  IV.  CONSTRUCTION  OF  BUILDINGS.  269 

wall  of  any  old  building  (not  being  a  party  wall),  the  new  wall 
shall  be  of  the  same  thickness  as  required  for  outside  walls  in  such 
building.      [R.  O.  1897,  Chap.  15,  Art.  4,  Sec.  15] . 

Sec.  99.  The  term  "business  building"  defined. — The  term 
"business  building"  shall  embrace  all  buildings  used  principally 
for  business  purposes,  thus  including,  among  others,  hotels,  thea- 
ters and  office  buildings.      [R.  0.  1897,  Chap.  15,  Art.  -i,  Sec.  16]. 

Sec.  100.  The  term  "wholesale  stores"  defined. — The  terms 
"wholesale  stores"  or  "storehouses"  shall  embrace  all  buildings 
used  (or  intended  to  be  used),  exclusively  for  purposes  of  mercan- 
tile business  or  storage  of  goods.  [R.  0.  1897,  Chap.  15,  Art.  4, 
Sec.  17]. 

Sec.  101.  The  "basement  story"  defined. — A  basement  story 
of  any  building  is  defined  as  a  story  whose  floor  is  twelve  inches  or 
more  below  the  sidewalk,  and  whose  height  does  not  exceed 
twelve  feet  in  the  clear;  all  such  stories  that  exceed  twelve  feet 
high  shall  be  considered  as  first  stories.  [R.  O.  1897,  Chap.  15, 
Art.  4,  Sec.  18]. 

Sec.  102.     The  height  of  buildings  taken  from  what  point. — 

The  height  of  all  buildings  for  the  purposes  of  this  ordinance 
shall  be  taken  from  the  grade  of  sidewalk  to  a  point  half  way 
from  the  lowest  to  highest  point  of  roof.  [R.  0.  1897,  Chap.  15, 
Art.  4,  Sec.  19]. 

Sec.  103.  Hed  light  at  obstruction — passway. — Any  person 
having  the  use  of  any  portion  of  the  street  or  sidewalk  for  the 
purpose  of  erecting  or  repairing  any  building,  or  for  any  other 
purpose,  shall  cause  a  red  light  to  be  placed  in  a  conspicuous  place 
in  front  of  such  obstruction  from  sunset  until  sunrise  each  night 
during  the  time  such  obstruction  remains.  A  sidewalk  or  passage- 
way at  least  four  feet  wide  shall  be  kept  in  front  of  any  new 
building,  as  far  as  is  practicable,  making  allowance  for  the  proper 
handling  of  any  material  to  be  used  in  or  about  such  building. 
[R.  0.  1897,  Chap.  15,  Art.  4,  Sec.  20] . 

Sec.  104.  Penalty. — Any  person  who  shall  violate  any  of  the 
provisions  of  this  ordinance,  where  no  other  penalty  is  provided, 
shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  exceeding 
one  hundred  dollars  for  each  and  every  offense.  [R.  O.  1897, 
Chap.  15,  Art.  4,  Sec.  21]. 


270 


REVISED  ORDINANCES. 


CHAP.  VIII. 


ARTICLE     V 


REMOVAL  OF  BUILDINGS. 


Section 

105.  House   mover,    license  for. 

106.  To  give  bond. 


Section 

11)7.     Permit  required;    by  whom  is- 
sued. 


Sec.  105.  House  mover, — No  person  except  a  licensed 
house  mover  sliall  remove  any  building  within  the  limits  of  the 
city  of  St.  Joseph  without  a  license  therefor  from  said  city,  and 
every  such  person  shall  annually,  before  engaging  in  such  bus- 
iness or  occupation,  obtain  a  license  therefor  from  said  city,  and 
the  charge  for  such  license  shall  be  ten  dollars  per  year.  [R.  0. 
1897,  Chap.  15,  Art.  5,  Sec.  1]. 

Sec.  106.  To  give  bond. — Every  person  applying  for  a  license 
as  a  house  mover  shall,  at  the  time  such  license  is  issued,  enter  into 
bond  vath  the  city  of  St.  Joseph  in  the  sum  of  five  hundred  dol- 
lars, with  two  or  more  good  and  sufficient  securities,  residents  of 
said  city,  conditioned  that  the  licensee  will  save  and  indemnify, 
and  keep  harmless  the  city  of  St.  Joseph  from  all  liabilities, 
judgments,  damages,  costs  and  expenses  which  may  in  anywise 
accrue  against  said  city  in  consequence  of  the  granting  of  such 
license,  and  the  exercise  of  said  calling  or  business;  said  bond  to 
be  approved  by  the  city  comptroller  and  filed  with  the  city 
auditor.     [R.  0.  1897,  Chap.  15,  Art.  5,  See.  2] . 

Sec.  107.  Permits  Required — by  whom  issued, — It  shall  be 
the  duty  of  the  superintendent  of  buildings  to  issue  a  permit  for 
each  building  removed  to  such  licensed  house  mover,  on  applica- 
tion, to  use  the  streets,  avenues  and  alleys  of  said  city,  for  the 
purpose  of  removing  such  building;  said  permit  to  be  issued  on 
the  express  condition  that  said  streets,  avenues  and  alleys  shall 
not  be  obstructed  more  than  is  absolutely  necessary  in  the  prose- 
cution of  said  work,  and  that  all  damages  done  to  public  or  private 
property  by  said  licensee  will  be  paid  by  him  as  provided  in  his 
bond,  and  the  charge  for  such  permit  shall  be  one  dollar.  [R.  0. 
1897,  Chap.  15,  Art.  5,  Sec.  31 . 

(For  penalty  for  violating  this  Ai'tiele  see  Sec.  662,  Chap. 
XXVII,  entitled  "licenses.") 


ART.  VI. 


NUMBERING  OF  BUILDINGS. 


271 


ARTICLE      VI. 


NUMBERING  OF  BUILDINGS. 


Section 

108.  Superintendent   of   buildings    to 

give  house   numbers. 

109.  Plan    for    numbering    buildings. 


Section 

110.  Property     owner     to 

street   numbers. 

111.  Penalty. 


maintain 


Sec.  108.  Duty  of  superintendent  to  give  house  numbers. — It 
is  hereby  made  the  duty  of  the  superintendent  of  build- 
ings, upon  application  from  any  person  within  the  city  limits,  to 
give  the  correct  number  for  any  house  or  building  located  on  any 
lot,  the  exact  location  of  which  is  given.  Said  officer  shall  use 
due  care  and  diligence  in  the  giving  of  said  numbers,  but  shall 
not  be  held  responsible  for  any  errors  which  may  occur.  [R.  0. 
1897,  Chap.  15,  Art.  6,  Sec.  1]. 

Sec.  109.  Plan  for  numbering  buildings. — Felix  street  is  the 
dividing  line  east  and  west,  and  the  numbers  are  called  north  or 
south  from  that  street,  depending  on  the  location  of  the  building, 
whether  north  or  south  of  that  street. 

First  street,  commonly  known  as  Main  street,  is  the  dividing 
line  north  and  south,  and  the  numbers  are  called  east  or  west 
from  that  street,  depending  on  whether  the  building  is  east  or 
west  from  that  street. 


All  buildings  fronting  on  the  east  side  of  streets  running 
north  and  south  have  odd  numbers,  and  all  buildings  on  the  west 
side  of  such  streets  have  even  numbers.  All  buildings  on  the 
north  side  of  streets  running  east  and  west  have  odd  numbers, 
and  all  buildings  on  the  south  side  of  such  streets  have  even  num- 
bers. 

Each  twenty  feet,  beginning  at  the  corner  of  Felix,  and  any 
street  running  north  and  south,  is  entitled  to  a  number  if  the  lots 
are  divisible  by  twenty;  if  divisible  by  twenty-five,  each  twenty- 
five  feet  is  entitled  to  a  number. 


272  REVISED  ORDINANCES.  CHAP.  VIII. 

There  can  be  no  number  less  than  one  hundred,  and  in  start- 
ing from  Felix  street  either  north  or  south,  on  the  west  side  of 
the  streets  running  north  and  south,  the  first  twenty  feet  fronting 
on  the  west  side  of  such  streets  must  have  the  number  one  hun- 
dred and  two ;  the  next  twenty  feet  one  hundred  and  f oui' ;  the 
next  one  hundred  and  six,  and  so  on  north  and  south  from  Felix. 

The  same  plan  must  be  carried  out  on  the  east  side  of  such 
streets,  except  that  the  first  twenty  feet  must  have  the  number 
one  hundred  and  one,  the  next  one  hundred  and  three,  and  so 
on  north  and  south  from  Felix  through  the  first  block  north  or 
south  of  Felix  street. 

The  second  block,  either  north  or  south  from  Felix  street, 
on  the  west  side,  must  begin  with  two  hundred  and  two  for  the 
first  twenty  feet,  two  hundred  and  four  for  the  second  twenty 
feet,  and  son  on;  on  the  east  side  with  two  hundred  and  one 
for  the  first  twenty  feet,  two  hundred  and  three  for  the  second 
twenty  feet,  and  so  on,  increasing  one  hundred  at  the  beginning 
of  each  block  on  to  the  city  limits. 

The  same  general  plan  must  be  carried  out  on  buildings  east 
or  west  from  Felix  street,  the  north  and  south  dividing  line.  [R. 
O.  1897,  Chap.  15,  Art.  6,  Sec.  2] . 

Sioc.  110.  Property  owners  to  maintain  street  numbers. — It 
is  hereby  made  the  duty  of  each  property  owner  in  the  city  of 
St.  Joseph  to  place  and  maintain  on  each  and  every  building 
owned  by  him,  the  street  number  of  such  building  in  plain,  legible 
numerals,  so  that  the  same  shall  be  legible  from  the  street  or 
sidewalk  abutting  such  building.     [G.  0.  No.  632,  Sec.  3]. 

Sec.  111.  Penalty. — Every  person  failing  to  place  and  main- 
tain on  any  building  owned  by  him,  the  number  of  such  building 
as  provided  in  the  preceding  section,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction,  shall  be  punished  by  a  fine 
not  exceeding  ten  dollars.      [G.  0.  No.  632,  Sec.  4]. 


CHIMNEY  SWEEP. 


273 


CHAPTER    IX 


CHIMNEY    SWEEP. 


Section 

112.  Office   created. 

113.  Appointment;     term;     bond. 

114.  Duties;     compensation. 


Section 

115.  Defective  flue  to  be  repaired. 

116.  Ciiimneys   to  be    cleaned. 

117.  Chimney  sweep  to  liave  license. 


Siic.  112.  Office  of  chimney  sweep  created. — There  is  hereby 
created   tlie   office   of   chimuey   sweep.      [R.   O.   1897,   Chap.    16, 

Sec.  1]. 

Sec.  113.  Appointment — term  of  office — bond. — At  the  first 
stated  session  of  the  common  council  every  two  years,  it  shall  be 
the  iduty  of  the  maj^or  to  appoint,  by  and  with  the  advice  and 
consent  of  the  common  council,  some  suitable  person  to  fill  the 
office  of  chimney  sweep,  who  shall  hold  his  office  for  the  term 
of  two  years,  and  until  his  successor  is  appointed  and  qualified. 
Said  chimney  sweep  shall,  before  entering  upon  his  duties  as  such 
officer,  execute  a  bond  to  the  city  of  St.  Joseph,  with  surety  to 
be  approved  by  the  comptroller,  in  the  penal  sum  of  one  hundred 
dollars,  conditioned  for  the  faithful  performance  of  his  duties  as 
prescribed  in  this  ordinance,  or  as  may  hereafter  be  defined  by 
ordinance.      [R.  O.  1897,  Chap.  16,  Sec.  2]. 

Sec.  114.  Duties — Compensation. — It  shall  be  the  duty  of 
the  chimney  sweep  to  sweep  and  clean  in  a  faithful  manner,  once 
in  each  year,  all  chimneys  within  the  limits  of  the  city  which 
have  been  in  use  at  least  six  months  prior  to  the  date  of  such 
cleaning,  and  he  shall  be  allowed  to  his  own  use  for  said  cleaning 
and  removing  from  the  premises  the  soot,  dirt  or  other  matter 
taken  out  of  said  chimneys  the  following  rates,  to  be  paid  by  the 
owner  of  the  building,  viz :  For  cleaning  each  chimney  as 
aforesaid,  in  a  one-story  house,  the  sum  of  twenty-five  cents;  for 
cleaning  each  chimney,  as  aforesaid,  in  a  two-story  house,  the  sum 
of  fifty  cents ;  for  cleaning  each  chimney,  as  aforesaid,  in  a  three- 
story  house,  the  sum  of  seventy-five  cents ;  for  cleaning  each 
chimney,  as  aforesaid,  in  a  four-story  house,  the  sum  of  one  dollar, 
and  twenty-five  cents  for  each  additional  story.  [R.  0.  1897, 
Chap.  16,  Sec.  3]. 

18 


274  REVISED  ORDINANCES.  CHAP.  IX. 

Sec.  115.  Defective  flues  to  be  repaired. — -It  shall  be  the 
duty  of  the  chimney  Bweep,  wherever  he  shall  have  knowledge 
of  a  defective  flue  in  any  building  in  this  city,  to  report  the  same, 
without  delay  to  the  superintendent  of  buildings;  and  the  said 
superintendent  of  buildings  is  hereby  authorized  and  required  to 
notify,  in  writing,  the  owner  of  such  building  of  the  existence 
of  such  flue,  and  to  have  the  same  repaired  or  remedied  without 
delay ;  and  if  such  owner  fail  or  neglect  to  repair  or  remedy  such 
defect  within  twenty-four  hours  after  receiving  such  notice,  he 
shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars,  and  to  a  like  fine  for  each  and  every 
day  the  same  shall  remain  unrepaired.  [R.  0.  1897,  Chap.  16, 
Sec.  4]. 

Sec.  116.  Chimneys  to  be  cleaned. — It  is  hereby  made  the 
duty  of  the  owner  or  occupant  of  any  building  within  the  limits 
of  the  city,  to  have  the  chimneys  and  flues  of  any  such  building 
swept,  cleaned  and  the  soot,  dirt  and  other  matter  taken  out  of 
said  chimneys  and  flues,  and  removed  from  the  premises  by  the 
chimney  sweep  at  least  once  in  each  year ;  any  owner  or  occupant 
of  a  building  who  shall  refuse  or  fail  to  have  the  chimneys  and 
flues  of  such  building  cleaned  by  the  chimney  sweep,  as  required 
of  him  in  section  one  hundred  and  fifteen  of  this  ordinance, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction, 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  ten  dollars.     [R.  0.  1897,  Chap.  16,  Sec.  5] . 

Sec.  117.  Chimney  sweep  to  have  license. — No  person  shall 
carry  on  the  business  of  chimnej'  sweep  without  first  taking  out 
and  having  a  license  therefor.  The  charge  for  such  license  shall 
be  fifty  dollars  per  annum,  and  no  license  shall  be  issued  for  a 
less  time  than  one  year.  Any  person  violating  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  with  a  fine  of  not  less  than  fifty 
dollars  and  not  more  than  one  hundred  dollars.  \G.  0.  No. 
618,  Sec.  1]. 


ART.  I. 


COMMON  COUNCIL. 


275 


CHAPTER    X. 

COMMON  COUNCIL. 


Articlk 
I.     Common  council. 


Article 
II.     Committees  of  common   council. 


ARTICLE    I. 


COMMON  COUNCIL. 


Section 

122.  Matters  to  be  referred  to  com- 

mittees.        Report     may     be 
deferred. 

123.  Vote,   liow  to  be  rescinded. 


Section 

118.  Resignation  of  alderman. 

119.  Chief  of  police  to  attend  coun- 

cil  meetings. 

120.  Alderman  may  be  fined  for  ab- 

sence. 

121.  Attachment  may  be   Issued   for 

absent   member. 


Sec.  118.  Resignation  of  alderman. — The  resignation  of  any 
member  shall  be  addressed  to  the  presiding  officer  of  the  common 
council.      [R.  O.  1897,  Chap.  19,  Sec.  1]. 

Sec.  119.     Chief  of  police  to  attend  council  meetings. — The 

chief  of  police  shall  attend  the  sessions  of  the  common  council, 
and  execute  all  orders  of  the  council  to  him  directed.  [R.  0, 
1897,  Chap.  19,  Sec.  2]. 

Sec.  120.  Alderman  may  be  fined  for  absence. — Any  alder- 
man absenting  himself  from  any  meeting  of  the  board  without 
reasonable  excuse,  shall  be  liable  to  a  fine  of  not  less  than  one 
dollar  nor  more  than  five  dollars,  to  be  imposed  by  the  council. . 
Sickness  or  absence  from  the  city  shall  be  a  valid  excuse.  [R. 
0.  1897,  Chap.  19,  Sec.  3]. 

Sec.  121.     Attachment  may  be  issued  for  absent  member. — 

At  the  request  of  any  member  of  the  Common  Council,  the  presi- 
dent shall  issue  an  attachment  to  compel  the  attendance  of  any 
member  of  the  council,  which  may  be  executed  by  any  policeman. 
[R.  0.  1897,  Chap.  19,  Sec.  4]. 


276  REVISED  ORDINANCES.  CHAP.  X. 

Si:o.  122.  Matters  to  be  referred  to  committees — report  may- 
be deferred. — All  ordinances,  petitions  and  communications  to  the 
common  council  shall,  unless  by  consent,  be  referred  to  appro- 
priate committees,  and  only  acted  on  by  the  council  on  the  report 
of  the  committee  having  the  same  in  charge ;  any  report  of  a 
committee  of  the  council  may  be  deferred  to  the  next  session 
of  the  same,  whether  it  be  an  adjourned,  special  or  regular  session, 
by  request  of  any  two  members  of  the  council  present.  [R.  0. 
1897,  Chap.  19,  Sec.  5]. 

Sec.  123.  Vote — how  to  be  rescinded. — No  vote  of  the  com- 
mon council  shall  be  reconsidered  or  rescinded  at  a  special  meet- 
ing, unless  at  such  special  meeting  there  be  present  as  large  a 
number  of  aldermen  as  were  present  when  such  vote  was  taken. 
[E.  0.  1897,  Chap.  19,  See.  61 


ART.  II. 


COMMITTEES. 


277 


ARTICLE     II. 


COMMITTEES  OF  COMMON  COUNCIL. 


Section 

124.  Standing  committees. 

125.  Judiciary    committee. 

126.  Duty     of    committee    on    ordi- 

nances. 

127.  Legislation. 


Section 

128.  Street  lighting. 

129.  City     engineer     made     an     ex- 

officio  member  of  streets  and 
alleys  committee. 


Sec.  124.  Standing  committees. — At  the  annual  meeting  of 
the  common  council  in  each  year,  or  as  soon  thereafter  as  pos- 
sible, it  shall  be  the  duty  of  the  president  of  the  council  to  ap- 
point the  following  standing  committees,  subject  to  the  approval 
of  the  council,  which  shall  consist  of  three  members  each : 


Committee  on  rules. 
Committee  on  finance. 
Committee   on  auditing. 
Committee  on  public  iniiirovements. 
Committee    on   ordinances. 
Committee  on  fire   department. 


Committee  on  water  and  gas. 
Committee  on  woikhouse. 
Committee     on     public     buildings 

grounds. 
Committee  on  streets   and    alleys. 
Committee  on  claims. 

[R.  0.  1897,  Chap.  18,  Sec.  1]. 


and 


Sec  125.  Judiciary  committee. — There  shall  be  a  committee 
on  judiciary,  composed  of  the  mayor,  the  city  counselor,  the  presi- 
dent of  the  council,  the  city  comptroller  and  the  alderman  who 
is  chairman  of  the  finance  committee,  which  shall  have  control 
of  all  legal  matters.     [R.  0.  1897,  Chap.  18,  Sec.  2]. 

Sec.  126.  Duty  of  committee  on  ordinances. — The  said  com- 
mittee on  ordinances  shall  examine  all  ordinances  and  other  sub- 
jects referred  to  them  by  the  common  council,  report  such  altera- 
tions and  amendments  as  they  may  deem  necessary  together  with 
amendments,  alterations  and  corrections  in  regard  to  the  exist- 
ing ordinances  of  the  city.     [R.  0.  1897,  Chap.  18,  Sec.  3]. 


Sec  127.  Legislation. — There  is  hereby  created  a  regular 
standing  committee  to  be  known  and  designated  as  the  committee 
on  legislation.  Said  committee  shall  consist  of  three  members 
of  the  common  council ;    one  of  which  shall  be  the  president  of 


278  REVISED  ORDINANCES.  CHAP.  X. 

the  council;  two  members  who  shall  be  appointed  by  the  presi- 
dent, and  the  mayor,  counselor,  comptroller,  city  clerk,  auditor, 
assessor,  treasurer  and  city  engineer,  ex  officio  members,  who  shall 
be  appointed  at  the  same  time  as  other  standing  committees  are 
appointed.  Said  committee  shall  examine  and  consider  all  mat- 
ters of  legislation  which  may  be  referred  to  it  by  the  common 
council,  and  shall  consider,  prepare  and  present  to  the  council 
from  time  to  time  such  amendments  to  the  charter  of  the  city  as 
the  members  thereof  may  consider  expedient.  [G.  0.  No.  599, 
Sec.  4]. 

Sec.  128.  Street  lighting. — There  is  hereby  created  a  stand- 
ing committee  to  be  known  as  committee  on  street  lighting.  Said 
committee  shall  consist  of  three  members  of  the  council  and  be 
appointed  as  other  committees  are  appointed.  [R.  0.  1897,  Chap. 
18,  Sec.  5]. 

Sec.  129.  Engineer  made  ex  officio  member  of  streets  and 
alleys  committee. — The  city  engineer  is  hereby  made  an  ex  officio 
member  of  the  streets  and  alleys  committee  of  the  common  coun- 
cil.    [G.  0.  No.  734,  Sec.  1]. 


CONDEMNATION.  279 


CHAPTER     XI. 

CONDEMNATION  OF  PRIVATE  PROPERTY,  ETC. 


Section  Section 

130.  City  engineer   to   furnish   plat.  133.     Tax  bills,   how  collected 

131.  Duties   of  clerk  after  action   of 

court. 

132.  Tax  bills  to  be  recorded,  etc. 


134.  Suits  to  be  begun,   when. 

135.  Compensation  of  commissioners. 


Sec.  130.  City  engineer  to  furnish  plat. — Whenever  the 
common  council  shall  provide  by  ordinance  for  establishing,  open- 
ing, widening  or  altering  any  street,  avenue,  alley,  market  place 
or  public  square,  or  route  for  a  sewer,  or  to  condemn  private 
property  for  other  or  different  public  uses  than  those  already 
specified  in  this  section,  and  it  is  necessary  to  take  private  prop- 
erty for  the  same,  the  city  engineer  shall,  upon  request  of  the 
city  counselor,  furnish  all  necessary  plats,  showing  the  property 
affected  by  the  proposed  improvement,  and  the  metes  and  bounds 
and  the  names  of  the  owners  thereof.  [R.  0.  1897,  Chap.  21, 
Sec.  1]. 

Sec.  131.     City  clerk  shall  make  out  certificate  of  awards.— 

After  final  action  is  taken  by  the  circuit  court  on  the  report  of 
the  commissioners  in  any  street  or  alley  opening  proceeding,  and 
said  report  has  been  duly  received  and  recorded  by  the  city  clerk 
in  his  office,  and  the  common  council  have  made  an  appropriation 
for  the  payment  out  of  the  city  treasury  of  the  damages  awarded, 
and  value  of  property  taken,  it  shall  be  the  duty  of  the  city 
clerk  to  make  out  certificates  of  awards,  in  accordance  with  the 
report  of  the  commissioners  for  the  damages  awarded,  and  he 
shall  also  issue  special  tax  bills  in  accordance  with  said  report 
against  all  parties  and  pieces  and  parcels  of  property  charged 
with  benefits,  in  which  shall  be  included  costs  pro  rata  as  ad- 
judged by  the  court,  if  any  have  accrued  since  said  report  was 
filed.     [R.  0.  1897,  Chap.  21,  Sec.  2] . 

Sec.  132.  Tax  bills  to  be  recorded  and  delivered  to  treas- 
urer.— The  city  clerk  shall  deliver  said  special  tax  bills  to  the  city 
engineer,  taking  triplicate  receipts  therefor,  one  to  be  filed  with 


280  REVISED  ORDINANCES.  CHAP.  XI. 

the  auditor,  one  with  the  comptroller  and  the  third  to  be  filed 
in  his  own  office.  The  city  engineer,  upon  receipt  of  such  tax 
bills,  shall  proceed  forthwith  to  record  the  same  in  a  book  to 
be  provided  for  that  purpose,  showing  the  name  of  the  present 
owner  as  given  in  or  upon  each  bill,  the  property  assessed  and 
the  date  and  amount  of  the  bill.  As  soon  as  said  tax  bills  are 
recorded,  and  within  five  days  from  the  date  of  their  receipt  by 
him,  the  city  engineer  shall  deliver  said  tax  bills  to  the  city 
treasurer,  taking  triplicate  receipts  therefor,  one  to  be  filed  with 
the  auditor,  one  with  the  comptroller  and  the  third  retained. 
[G.  0.  No.  708,  Sec.  2]. 

Sec.  133.  Tax  bills — how  collected. — -The  city  treasurer 
shall,  upon  receipt  of  such  tax  bills,  forthwith  send  by  mail,  to 
each  of  the  parties  interested  by  name,  a  written  or  printed 
notice  that  said  special  tax  bills  are  in  his  hands  for  collection, 
and  will  remain  there  for  a  period  of  thirty  days  from  the  date 
of  their  receipt  by  him,  naming  such  date.  [R.  0.  1897,  Chap. 
21,  Sec.  4]. 

Sec.  134.  Suits  to  be  begun,  when. — Upon  the  expiration  of 
the  thirty  days  provided  in  the  last  section,  all  bills  unpaid  shall 
be  delivered  by  the  city  treasurer  to  the  city  counselor,  who 
shall  thereupon  proceed  to  collect  the  same  by  suits  instituted  in 
the  name  of  the  city  of  St.  Joseph  for  that  purpose.  [H.  0.  1897, 
Chap.  21,  Sec.  5]. 

Sec.  135.  Compensation  of  commissioners. — A¥henever  the 
common  council  shall  pi-ovide  by  ordinance  for  establishing,  open- 
ing, Avidening  or  altering  any  street,  avenue,  alley,  market  place 
or  public  square  or  route  for  a  sewer,  and  it  becomes  necessary 
for  that  purpose  to  institute  condemnation  proceedings  as  pro- 
vided by  law,  the  compensation  to  be  allowed  each  commissioner 
for  his  services  in  assessing  damages  and  benefits  therein  shall 
be  three  dollai-s  ($3.00)  per  day  for  each  day  actually  spent  in 
discharging  his  duties  as  such  commissioner  and  no  further  sums 
shall  be  allowed  for  such  services.      \Q.  0.  No.  832,  Sec.  1]. 


ART.  I. 


DOGS. 


281 


CHAPTER     XII 


DOGS  AND  OTHER  ANIMALS. 


Article 
I.     Dogs. 
II.     Dog    enumerator    and    ex-officio 
public  impounder, 


Article 

III.     Impounding  live  stock. 


ARTICLE     I. 


DOGS. 


Section 

136.  Dog-  to  be  registered  and   wear 

collai-. 

137.  Fee     for     registering — clerk     to 

furnish  tag. 

138.  Clerk  to  keep  record,  etc. 

139.  Dog  must  wear  collar  with  tag. 

140.  No  person   shall    lemove  collar. 

141.  No  vicioup  dog  or  other  animal 

to  be  kept. 


Section 

142.     Dogs  to  be  muzzled,  when. 

Barking  dog  must  not  be  kept. 
Female    dog    must    not    be    at 

large  when  in  heat. 
Country  dog  excepted. 
Harboring  dog,  what  is. 


143. 
144. 


145. 
146. 


Sec.  136.  Dog  to  be  registered  and  wear  collar. — It  shall  be 
the  duty  of  every  person  owning,  keeping  or  harboring  in  this 
city  any  dog  or  bitch  more  than  six  months  old  to  register  the 
same  with  the  city  clerk,  and  to  put  and  to  keep  on  the  neck  of 
such  dog  or  bitch  a  collar  of  leather  or  metal,  to  which  shall  be 
attached  the  tag  received  from  the  city  clerk,  or  cause  such  dog 
to  be  humanely  killed  or  permanently  removed  from  within  the 
city  limits,  or  have  enumerator  humanely  kill  or  dispose  of  such 
dog.     [G.  O.  No.  702,  Sec.  9]. 

Sec.  137.  Fee  for  registering — clerk  to  furnish  tag. — To  en- 
able the  owner  or  keeper  of  any  dog  or  bitch  to  have  the  same 
registered,  such  owner  or  keeper  shall  pay  into  the  city  treasury 
for  each  dog  one  dollar,  and  for  each  bitch  two  dollars,  taking 
the  treasurer's  receipt  therefor,  and  upon  the  presentation  of  such 
receipt  the  city  clerk,  together  with  a  clerk's  fee  of  twenty- 
five  cents,  said  clerk  shall  deliver  to  the  owner  or  keeper  of  such 
dog  or  bitch  a  certificate  in  writing,  stating  that  such  person  has 


282  REVISED  ORDINANCES.  CHAP.  XII. 

registered  said  dog  or  bitch,  and  the  number  by  which  it  is  reg- 
istered, and  shall  also  give  to  such  person  a  metal  check  or  tag, 
upon  which  shall  be  stamped  or  engraved  the  year  issued,  the 
words  "St.  Joseph,  Mo,"  and  a  number  corresponding  with  the 
number  of  the  certificate  of  registration,  which  check  or  tag  shall 
be  attached  to  the  collar  worn  by  the  dog  licensed.  On  the  first 
day  of  every  month  the  city  clerk  shall  certify  to  the  city  auditor 
the  number  of  dogs  and  bitches  registered,  and  said  auditor  shall 
immediately  charge  the  city  treasurer  with  the  amount  received 
by  such  treasurer  for  such  licenses.      [G.  0.  No.  749,  Sec.  2] . 

Sec.  138.  Clerk  to  keep  a  record,  etc. — Such  certificate  of 
registry  shall  entitle  such  person  to  keep  said  dog  or  bitch  until 
the  first  day  of  June  then  next  following,  but  no  longer ;  and  said 
clerk  shall  keep  a  record,  giving  the  name  of  the  owner  or  keeper 
of  such  dog  or  bitch,  and  the  number  of  the  certificate  of  registry, 
together  with  a  general  description  of  such  dog  or  bitch.  [G.  0. 
No.  749,  Sec.  3]. 

Sec.  139.  Dog  must  wear  collar  with  tag. — No  owner  or 
keeper  of  any  dog  or  bitch  shall  allow  or  permit  any  such  dog  or 
bitch  |to  be  at  any  place  in  this  city,  at  any  time,  without  a  collar 
having  attached  thereto  the  check  or  tag  hereinbefore  required; 
nor  shall  any  owner  or  keeper  of  any  dog  or  bitch  permit  or  allow 
such  dog  or  bitch  to  wear  any  other  check  or  tag  than  the  identical 
one  issued  by  the  city  clerk  for  such  dog  or  bitch.  In  case  of  loss, 
a  duplicate  check  or  tag  shall  be  issued  by  the  city  clerk,  at  the 
expense  of  the  person  making  application  therefor.  [G.  O.  No. 
749,  Sec.  4] . 

Sec.  140.  No  person  shall  remove  the  collar. — No  person  shall 
remove  or  cause  to  be  removed  the  collar,  check  or  tag  from  any 
registered  dog  or  bitch  without  the  consent  of  the  owner  or  keeper 
thereof.     [R.  0.  1897,  Chap.  24,  Sec.  5]. 

Sec.  141.  No  vicious  dog  or  other  animal  to  be  kept. — No 
person  shall  own,  keep  or  harbor  in  this  city  any  dog,  bitch,  wolf, 
fox  or  other  domestic  or  wild  animal  which  is  vicious  or  dangerous. 
[G.  O.  No.  740,  Sec.  1]. 

Sec.  142.  Dogs  to  be  muzzled,  when. — It  shall  be  the  duty 
of  the  mayor,  whenever  in  his  opinion  the  danger  to  the  public 


ART.  I.  DOGS.  283 

safety  from  rabid  dogs  is  great  and  imminent,  to  publish  his 
proclamation  ordering  rfnd  requiring  all  persons  owning,  keeping 
or  harboring  any  dog  or  bitch  to  muzzle  the  same,  or  to  confine  the 
same  for  not  less  than  thirty  days  nor  more  than  ninety  days  from 
the  date  of  such  proclamation,  by  good  and  sufficient  means,  to  the 
house,  stable,  outhouse  or  yard  wherein  such  person  may  reside ; 
and  upon  the  issuing  of  such  proclamation  by  the  mayor  it  shall 
be  the  duty  of  all  persons  owning,  keeping  or  harboring  any  dog 
or  bitch,  during  the  time  specified  in  such  proclamation,  to  confine 
the  same  by  good  and  sufficient  means,  within  the  yard,  house, 
stable  or  outhouse,  or  have  the  same  properly  and  securely  muz- 
zled. It  is  hereby  made  the  duty  of  the  police  to  kill  any  dog 
found  rimning  at  large  without  being  properly  muzzled  as  re- 
quired by  any  proclamation  of  the  mayor,  issued  under  this  ordi- 
nance.    [R.  0.  1897,  Chap.  24,  Sec.  7]. 

Sec.  143.  Barking  dog  must  not  be  kept. — No  person  shall 
own,  keep  or  harbor  any  dog  or  bitch  which  by  loud  and  frequent 
or  habitual  barking,  howling  or  yelling  shall  annoy  or  disturb 
any  neighborhood.      [R.  0.  1897,  Chap.  24,  Sec.  8]. 

Sec.  144.     Female  must  not  be  at  large  when  in  heat.— No 

owner,  keeper  or  person  harboring  any  bitch  shall  permit  or  suffer 
her  to  run  at  large  within  this  city  while  she  is  in  heat,  whether 
she  have  the  collar  and  check  or  tag  on  her  or  not ;  and  every 
such  bitch  found  running  at  large  is  hereby  deemed  and  declared 
to  be  a  nuisance.      [R.  0.  1897,  Chap.  24,  Sec.  9] . 

Sec.  145.  Country  dog  excepted. — The  provisions  of  this 
chapter  shall  not  apply  to  any  dog  or  bitch  which  may  follow  any 
countryman  coming  into  or  passing  through  the  city  which  shall 
remain  near  to  its  master,  owner  or  keeper,  or  his  wagon,  animals 
or  other  effects.      [R.  0.  1897,  Chap.  24,  Sec.  12] . 

Sec.  146.  Harboring  dog,  what  is. — Any  person  who  shall 
allow  any  dog  or  bitch  to  habitually  remain  or  be  lodged  or  fed 
within  his  house,  store,  yard,  enclosure  or  place  shall  be  deemed 
and  considered  as  keeping  and  harboring  the  same  within  the 
meaning  of  this  ordinance.      [R.  O.  1897,  Chap.  24,  Sec.  16]. 


284  REVISED   ORDINANCES.  CHAP.  XII. 


ARTICLE     II. 

DOG  ENUMERATOR  AND  EX-OFFICIO  PUBLIC  IMPOUNDER. 

Section  Section 

147.  •  Appointment  of  dog  enumerator  152.     Penalty  for  acting  as  assistant 

and  public   impounder.  without  commission. 

148.  Shall  give  bond.  153.     Enumerator — fees  and  salary. 


149.  Duties  of  dog  enumerator. 

150.  Penalty    for   failure    to    procure 

license. 

151.  Assistant. 


154.  Duties  of  police  department. 

155.  Enumerator      ex-officio     public 

impounder. 

156.  Fees  discountinued. 


Sec.  147.  Appointment  of  the  dog  enumerator  and  public 
impounder. — -There  is  hereby  created  the  office  of  dog  enumerator 
and  ex-officio  public  impounder,  and  it  shall  be  the  duty  of  the 
dog  enumerator  to  enforce  all  ordinances  regulating  or  in  any 
manner  relating  to  dogs.  He  shall  be  appointed  by  the  mayor,  to 
be  confirmed  by  the  common  council  at  the  first  regular  meeting 
after  the  passage  of  this  ordinance,  and  at  the  beginning  of  each 
succeeding  fiscal  year  thereafter.  He  shall,  unless  sooner  re- 
moved, hold  his  office  for  the  fiscal  year  during  which  he  is  ap- 
pointed, and  until  his  successor  is  appointed  and  qualified.  [G.  0. 
No.  702,  Sec.  1]. 

Sec.  148.  Shall  give  bond. — Before  entering  upon  his  duties 
the  dog  enumerator  shall  give  bond  to  the  city,  with  good  and 
sufficient  securities,  to  be  approved  by  the  city  comptroller,  in  the 
sum  of  $2,500.00,  conditioned  upon  the  faithful  performance  of  his 
official  duties,  and  that  he  will  properly  account  to  the  city  comp- 
troller of  the  city  of  St.  Joseph  for  all  moneys  received  by  him  in 
his  official  capacity.     [G.  0.  No.  702,  Sec.  2]. 

Sec.  149.  Duties  of  the  dog  enumerator.— The  dog  enumera- 
tor shall  make  an  enumeration  at  the  beginning  of  each  fiscal  year 
of  all  dogs  in  St.  Joseph,  and  shall  keep  a  legible  record  of  the 
same,  which  shall  be  open  at  all  limes  to  the  inspection  of  any  per- 
son. He  shall  serve  notice  on  the  owner  or  owners,  keeper  or 
keepers,  harborer  or  harborers,  of  any  such  dog  or  dogs  to  pro- 
cure a  license  for  the  same  as  provided  in  the  ordinances  of  St. 
Joseph.     [G.  0.  No.  702,  Sec.  3]. 


ART.  II  DOG  ENUMERATOR.  285 

Sec.  150.  Penalty. — Any  person  failing  to  procure  a  license 
as  provided  for  in  section  14<J  of  this  ordinance,  after  the  serving 
of  the  notice  provided  for  in  said  section  one  hundred  and  forty- 
nine  (149),  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  one  dollar  nor  more 
than  two  hundred  dollars.      [G.  0.  No.  702,  Sec.  4] . 

Sec.  151.  His  assistants. — The  dog  enumerator  may  employ 
one  or  more  assistants,  provided  the  compensation  of  such  assist- 
ants shall  be  wholly  paid  by  the  enumerator,  and  provided  that 
the  city  shall,  under  no  circumstances,  be  responsible  for  such 
compensation.  He  shall  discharge  any  assistants  when  ordered 
to  do  so  by  the  mayor.  All  assistants  employed  by  the  enumerator 
shall  be  required  to  get  a  written  commission  from  the  city  clerk, 
and  shall  register  their  names  with  the  said  city  clerk.  [G.  0.  No. 
702,  Sec.  5]. 

Sec.  152.  Penalty  for  not  complying  with  section  151  of  this 
ordinance. — Any  person  who  shall  act  as  assistant  to  the  enumera- 
tor, without  first  taking  out  a  commission  provided  for  in  section 
151  of  this  ordinance,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  one  dollar 
nor  more  than  five  dollars.      [G.  0.  No.  702,  Sec.  6]. 

Sec.  153.  Enumerator,  fees  and  salary. — The  dog  enumerator 
shall  be  entitled  to  receive  for  his  services  a  salary  of  three  hun- 
dred dollars  per  annum,  to  be  paid  in  equal  monthly  installments, 
as  the  salaries  of  other  city  officers  are  paid,  and  in  addition 
thereto  twenty  per  cent  of  the  money  received  by  the  city  treasurer 
for  the  licensing  of  dogs.  Said  fees,  which  shall  be  twenty  per 
cent  of  the  moneys  received  by  the  city  treasurer  during  the 
previous  month,  for  the  licensing  of  dogs,  shall  be  paid  to  the  dog 
enumerator,  in  the  manner  prescribed  by  ordinance  for  the  pay- 
ment of  the  salaries  of  other  city  officers.  [G.  0.  No.  846,  Sec.  7]. 
ordinance. — Any  peson  who  shall  act  as  assistant  to  the  enumera- 

Sec.  154.  Duties  of  the  police  department. — It  is  hereby  made 
the  duty  of  the  police  department  to  assist  in  the  enforcement  of 
all  ordinances  in  relation  to  dogs.      [G.  0.  No.  702.  Sec.  8]. 


286  REVISED  ORDINANCES.  CHAP.  XII. 

Sec.  155.     Dog  enumerator  ex  officio  the  public  impounder. — 

The  dog  enumerator  shall  be  ex  officio  the  public  impounder,  and 
shall  perform  all  the  duties  and  enforce  all  the  laws  and  ordi- 
nances relating  to  the  office  and  duties  of  public  impounder, 
and  shall  receive  the  fees  now  provided  by  ordinance  and  paid 
to  the  public  impounder.      [G.  0.  No.  702,  Sec.  9]. 

Sec.  156.  Fees  discontinued. — After  the  passage  of  this  ordi- 
nance the  fees  of  the  public  impounder  as  now  constituted  shall 
cease  to  exist  as  is  provided  for  in  this  ordinance.  [G.  0.  No.  702, 
Sec.  10]. 


ART.  III. 


IMPOUNDING  LIVE  STOCK. 


287 


ARTICLE     III 


IMPOUNDING  LIVE  STOCK. 


Section 

157.  What    live    stock    may    be    im- 

pounded. 

158.  Duties  of  impounder;    fees. 

159.  No   olhei-  compensation   except. 

160.  Must  not  be  obstructed. 

161.  Report  to   comptroller. 


Section 

16:i.     Animal     must    not     be     turned 
loose. 

163.  City   clerk   to  attend   sales  and 

keep  a  record. 

164.  Penalty   for    failing   to    comply, 

etc. 


Sec.  157.  What  live  stock  may  be  impounded. — Hogs,  horses, 
mules,  asses,  sheep,  goats,  cattle,  ducks,  geese  and  chickens  are 
hereby  prohibited  from  running  at  large  within  the  city  limits, 
and  all  such  animals  found  running  at  large  within  said  limits 
shall  be  taken  up  and  impounded  by  the  public  impounder.  [G.  0. 
No.  843,  Sec.  1]. 

Sec.  158.  Duties  of  impounder. — -Whenever  any  live  stock  is 
taken  up  under  and  by  authority  of  this  ordinance  it  shall  be  the 
duty  of  the  public  impounder  to  return  the  same  to  the  owner 
thereof  upon  payment  to  the  impounder  of  the  following  sums, 
to  wit :  For  each  horse,  mule,  ass,  cow  or  other  animal  not 
especially  mentioned,  one  dollar ;  and  for  each  hog,  sheep  or  goat, 
fifty  cents ;  and  for  each  duck,  goose  or  chicken,  ten  cents.  These 
sums  shall  be  in  addition  to  the  sum  of  twenty-five  cents  for  each 
day  any  such  animal  may  have  been  in  the  pound,  or  the  sum  of 
five  cents  for  each  day  each  duck,  goose  or  chicken  may  have  so 
remained.  The  party  claiming  any  such  animal  or  fowl  shall 
show  by  satisfactory  proof  that  he  is  entitled  to  the  same.  If  any 
such  animal  or  fowl  (remains  in  the  pound  three  days  without 
being  claimed  the  public  impounder  shall  proceed  to  advertise  the 
same  for  sale  by  advertisement,  published  one  time  in  the  official 
paper  of  the  city,  giving  a  description  of  the  animal  or  fowl,  to- 
gether with  the  time,  terms  and  place  of  sale.  If  no  owner  ap- 
pears at  or  before  the  time  of  sale  to  claim  said  animal  or  fowl,  the 
public  impounder  shall  sell  the  same  at  public  auction  to  the 
highest  bidder  for  cash.  And  all  moneys  arising  from  such  sale, 
after  deducting  the  fees  of  the  public  impounder,  shall  be  paid 
into  the  city  treasury  by  the  public  impounder  for  the  general 
fund.     [G.  0.  No.  879,  Sec.  2]. 


288  REVISED  ORDINANCES.  CHAP.  XII. 

Sec.  159.  No  other  compensation  except. — The  compensation 
of  the  public  imijoimder  shall  in  no  wise  exceed  the  amount  of  fees 
as  provided  in  this  ordinance  and  the  ordinance  relating  to  dogs, 
and  all  expenses  of  every  kind,  except  the  cost  of  advertisements 
required  by  the  last  preceding  section  (which  shall  be  paid  by  the 
city),  shall  be  paid  by  the  public  impounder.  [R.  0.  1897,  Chap. 
38,  Art.  2,  Sec.  3J. 

Sec.  160.  Must  not  be  obstructed. — No  person  shall  obstruct 
the  public  impounder  or  his  assistants  in  the  lawful  discharge  of 
their  duties  as  provided  in  this  ordinance.  [R.  0.  1897,  Chap.  38, 
Art.  2,  Sec.  4] . 

Sec.  161.  Report  to  comptroller. — The  public  impounder 
shall,  on  the  first  day  of  each  month,  report  to  the  city  comptroller 
the  amount  of  receipts  and  the  expenses  incurred  in  enforcing  the 
provisions  of  this  ordinance  and  the  ordinance  relating  to  dogs. 
[R.  0.  1897,  Chap.  38,  Art.  2,  See  5]. 

Sec.  162.  Animal  not  to  be  turned  out. — No  person  shall  turn 
loose  or  cause  to  be  turned  loose  from  any  pen  or  enclosure  any  an- 
imal for  the  purpose  of  causing  the  same  to  be  impounded.  [R.  0. 
1897,  Chap.  38,  Art.  2,  Sec.  6]. 

Sec.  163.     City  clerk  to  attend  sales  and  keep  record. — The 

city  clerk  or  some  one  authorized  to  act  in  his  stead,  shall  attend 
all  sales  of  animals  made  under  the  provisions  of  this  ordinance, 
keep  a  record  of  such  sale,  a  minute  description  of  the  article  sold, 
date  of  sale,  price  paid  and  to  whom  sold ;  and  shall  make  and  cer- 
tify to  a  copy  of  such  record  when  required  so  to  do  by  any  city 
officer  for  his  exclusive  use.  To  this  end  it  shall  be  the  duty  of  the 
public  impounder  to  notify  said  clerk  of  the  time  and  place  of  sale 
of  any  animal.     [R.  0.  1897,  Chap.  38,  Art.  2,  Sec.  7] . 

Sec.  164.  Penalty  for  failing  to  comply,  etc. — Any  person 
violating,  failing,  neglecting  or  refusing  to  comply  with  any  pro- 
vision, regulation  or  re(|uirement  of  this  ordinance  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  the 
judge  of  the  police  court,  shall  be  fined  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars.  [R.  0.  1897,  Chap.  38,  Art  2, 
Sec.  8.] 


DRAMSHOPS. 


289 


CHAPTER    XIII. 


DRAMSHOPS. 


Section 
165.   .  Dramshops,  license  required  for. 

Dramshop    keeper   defined. 

Intoxicating  liquors  defined. 

License    for;     amount   required. 

Auditor  to  grant  license;  bond 
required. 

Business  at  one  place  only; 
license  how   transferred. 

License  issued  for  three  months. 

Application  for  license  to  be 
made  in  writing;  to  state 
what;     petition   required,   etc. 

Certificate  of  assessor  required. 

Certificates  to  be  furnished 
upon  application. 

To  be  kept  at  place  designated 
in  license;  provisions  for  re- 
moval. 

License  to  be  framed  and 
posted. 


166. 
167. 
168. 
169. 

170. 

171. 
172. 


173. 

174. 


175. 


176. 


Section 
177.     Selling  liquor  to  minor  prohib- 
ited;   penalty. 

Keeping  open  on  Sunday,  elec- 
tion day,  etc.,  prohibited; 
penalty. 

Conditions  under  which  license 
is  granted;  penalty. 

Performing  on  musical  instru- 
m.ents,  sparring,  boxing, 
wrestling,  gaming  tables,  etc., 
prohibited;  penalty. 

Employment  of  lewd  women 
prohibited. 

Dramshop  not  to  be  licensed  in 
house  of  ill-fame. 

Sale  of  intoxicating  liquors  in 
theaters  prohibited. 

Penalty. 

Auditor  and  treasurer  to  report 
to  county  monthly. 

License  may  be  revoked. 


178. 


179. 


180. 


181. 


182. 


183. 


184. 

185. 


186. 


Sec.  165.  Dramshop  license  required. — No  person,  or  copart- 
nership of  persons,  or  corporation,  shall  in  this  city,  directly  or 
indirectly,  in  person  or  by  another,  sell,  barter  or  deliver,  for  or 
on  his  or  their  account,  any  intoxicating  liquors  in  less  quantities 
than  one  gallon,  without  a  license  first  obtained  therefor  as  a 
keeper  of  a  dramshop,  according  to  the  provisions  herein  con- 
tained.    [R.  O.  1897,  Chap.  25,  Sec.  1] . 


Sec.  166.  Dramshop  keeper  defined. — Any  person,  copartner- 
ship of  persons  or  corporation,  being  licensed  according  to  the 
provisions  of  this  ordinance  to  sell  intoxicating  liquors  in  any 
quantity  less  than  one  gallon  is  hereby  declared  to  be  a  dramshop 
keeper.     [R.  0.  1897,  Chap.  25,  Sec.  2] . 

Sec.  167.  Intoxicating  liquors  defined. — The  term  "intoxicat- 
ing liquors,"  as  used  in  this  ordinance,  shall  be  construed  to  mean 
fermented,  vinous  and  spirituous  liquors,  or  any  composition  of 
which  fermented,  vinous  or  spirituous  liquors  is  a  part.  [R.  0. 
1897,  Chap.  25,  Sec.  3]. 

19 


290  REVISED  ORDINANCES.  CHAP.  XIII. 

Sec.  168.  License — amount  required. — No  person  shall  act 
as  a  dramshop  keeper  without  a  license  therefor  from  the  city  of 
St.  Joseph,  and  the  charge  for  such  license  shall  be  one  thousand 
dollars  per  year,  forty-seven  per  centum  of  which  shall  be  for 
city  purposes,  and  fifty-three  per  centum  for  state  and  county  pur- 
poses.    [E.  0.  1897,  Chap.  25,  See.  4] . 

Sec.  169.  Auditor  to  grant  license — bond  required. — The  city 
auditor  is  hereby  authorized  to  grant  a  license  as  a  dramshop 
keeper  to  any  person  having  complied  with  the  provisions  herein 
contained  who  shall  apply  therefor  to  him  upon  said  applicant 
executing  a  bond  to  the  city  of  St.  Joseph  with  at  least  two  sure- 
ties, to  be  approved  by  the  comptroller,  in  the  penal  sum  of  two 
thousand  dollars,  conditioned  that  the  person  obtaining  such 
license  will,  during  the  term  for  which  he  is  licensed,  keep  an  or- 
derly house,  and  that  he  will  in  all  things  observe  and  conform  to 
the  provisions  herein  contained.  After  the  comptroller  shall  have 
approved  of  the  bond  of  said  applicant,  said  applicant  shall  present 
the  same  to  the  city  auditor,  and  pay  to  the  city  collector  the 
amount  of  license  fee  due  as  herein  provided,  taking  his  receipt 
therefor,  and  on  presentation  of  said  receipt  to  the  city  auditor, 
together  with  the  proper  petition  as  required  herein,  the  said 
auditor  shall  issue  to  said  applicant  a  license  as  a  dramshop 
keeper.     [R.  0.  1897,  Chap.  25,  Sec.  5]. 

Sec.  170.  Business  at  one  place  only — license  how  trans- 
ferred.— ^Any  license  issued  under  the  provisions  herein  contained 
shall  authorize  the  business  therein  designated  to  be  carried  on  at 
one  place  only,  and  shall  not  be  transferable  or  assignable  except 
by  bona  fide  sale  of  fixtures  and  business,  and  the  filing  of  a  new 
petition  by  the  purchaser  in  his  own  name,  to  be  subject  to  the 
same  conditions  as  a  petition  for  beginning  business  as  a  dram- 
shop keeper,  and  the  making  and  filing  of  a  new  bond  as  required 
in  the  preceding  section.      [R.  0.  1897.  Chap.  25,  Sec.  6]. 

Sec.  171.  License  issued  for  three  months. — License  as  a 
dramshop  keeper  shall  be  issued  for  a  ])erio(l  of  three  months  at  a 
time,  and  shall  date  from  the  first  of  the  month  in  which  issued,  on 
payment  of  one-quarter  the  yearly  license  tax.  The  proper  offi- 
cers will  issue  licenses  in  conformity  with  the  provisions  of  this 
section.     [R.  0.  1897,  Chap.  25,  Sec.  7] . 


DRAMSHOPS.  291 

Sec.  172.  Application  for  license,  how  made — petition  re- 
quired, etc. — Application  for  a  license  as  a  dramshop  keeper  shall 
be  made  in  writing  to  the  city  auditor,  and  shall  state  specifically 
where  the  dramshop  is  to  be  kept;  and  if  the  said  city  auditor 
shall  be  of  the  opinion  that  the  applicant  is  a  person  of  good  moral 
character  he  may  grant  the  license ;  provided,  that  no  license  to 
keep  a  dramshop  in  any  block  or  square  in  the  city  of  fet.  Joseph 
shall  be  granted  until  a  majority  of  the  assessed  taxpaying  citi- 
zens and  guardians  of  minors,  resident  in  the  city  and  owning 
property  in  the  block  or  square,  shall  sign  a  petition  asking  for 
such  license  to  keep  a  dramshop  therein,  which  said  petition  shall 
be  filed  in  the  office  of  the  city  auditor,  and  said  petition  shall  be 
good  for  one  year,  and  in  default  of  renewing  said  petition  said 
city  auditor  shall  have  no  power  to  issue  thereafter  such  license 
until  the  same  is  renewed;  provided,  further,  that  any  person 
having  his  place  of  business  in  territory  which  shall  have  been 
brought  within  the  city  of  St.  Joseph  by  extension  of  the  limits  of 
said  city  who  shall  have  had  a  license  as  a  dramshop  keeper  from 
Buchanan  county  at  the  time  of  such  extension,  on  presentation  of 
such  license  to  the  city  auditor,  and  also  on  presentation  to  the 
city  auditor  of  the  receipt  of  the  city  collector  showing  that  such 
person  has  paid  to  the  city  collector  forty-seven  per  centum  of  the 
dramshop  license  tax  as  fixed  by  ordinance,  and  on  the  making  and 
filing  of  a  bond,  as  required  by  ordinance,  shall  be  entitled  to  re- 
ceive a  license  as  a  dramshop  keeper  without  presenting  any  peti- 
tion therefor.  Such  license  to  be  issued  for  a  period  not  exceeding 
the  unexpired  term  of  the  county  license  held  by  such  person.  [G, 
O.  No.  637,  Sec.  1] .  j 

Sec.  173.  Certificate  of  assessor  required. — Before  any  per- 
son shall  be  entitled  to  receive  a  license  as  a  dramshop  keeper  he 
shall  present  to  the  city  auditor  the  certificate  of  the  city  assessor 
showing  the  owners  of  the  property,  the  written  consent  of  a  ma- 
jority of  whom  he  is  required  to  obtain,  as  provided  and  required 
herein.     [R.  0.  1897,  Chap.  25,  Sec.  9]. 

Sec.  174.     Certificate  to  be  furnished  upon  application. — The 

city  assessor  shall  furnish  the  certificate  required  in  the  Dreeeding 
section  upon  application  therefor  by  any  person  desiring  a  license 
as  dramshop  keeper,  and  shall  keep  in  his  office  a  permanent  rec- 
ord of  all  such  certificates  so  issued  by  him.      [R.  0. 1897,  Chap.  25, 

Sec.  10]. 


292  REVISED  ORDINANCES.  .CHAP.  XIII. 

Sec.  175.  To  be  kept  at  place  designated  in  license — provis- 
ion for  removal. — No  person  shall  under  such  license  keep  a  dram- 
shop at  any  place  other  than  the  one  designated  in  such  license; 
provided,  that  he  may  remove  the  carrying  on  of  such  business, 
during  the  continuation  of  such  license,  from  the  tenement  desig- 
nated therein  to  any  other  tenement  in  the  cit}^  by  obtaining  the 
written  consent  of  the  majority  of  such  assessed  owners  in  the 
block  or  square  in  which  the  tenement  to  be  occupied  is  situated, 
as  are  residents  of  the  city,  as  in  the  first  instance,  but  such  re- 
moval and  the  date  thereof  shall  be  endorsed  by  the  city  auditor 
on  such  license,  and  it  shall  be  the  duty  of  any  dramshop  keeper 
so  removing,  to  present  his  license  to  the  city  auditor  for  endorse- 
ment before  such  removal.      [R.  0.  1897,  Chap.  25,  See.  11]. 

Sec.  176.  License  to  be  framed  and  posted. — Each  dramshop 
keeper  licensed  under  the  provisions  herein  shall  immediately 
cause  such  license  to  be  framed,  and  to  be  and  remain  posted  upon 
some  conspicuous  part  of  the  room  or  bar  kept  or  used  as  a  dram- 
shop.     [R.  0.  1897,  Chap.  25,  Sec.  12] . 

Sec.  177.  Selling  liquor  to  minors  prohibited — penalty. — Ev- 
ery dramshop  keeper  who  shall  sell,  give  away  or  otherwise  dis- 
pose of,  or  suffer  the  same  to  be  done  about  his  premises,  any  in- 
toxicating liquors  in  any  quantity  to  any  minor  without  the  per- 
mission of  the  parent,  master  or  guardian  of  such  minor  first  had 
and  obtained,  or  who  shall  have  in  his  employ  about  his  dramshop, 
or  who  shall  permit  any  person  under  the  age  of  twenty-one  years 
to  frequent  or  remain  about  such  dramshop,  or  who  shall  permit 
any  bawd,  lewd  woman  or  prostitute  to  frequent  such  dramshop, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  twenty  nor  more  than  one  hun- 
dred dollars.     [R.  0.  1897,  Chap.  25.  Sec.  13]. 

Sec.  178.  Keeping  open  on  Sunday,  election  day,  etc.,  prohib- 
ited— penalty. — Any  person  who  shall  have  a  license  as  a  dram- 
shop keeper  who  shall  keep  open  such  dramshop,  or  who  shall 
sell,  give  away  or  otherwise  dispose  of,  or  suffer  the  same  to  be 
done  upon  or  about  his  premises,  any  intoxicating  liquors,  in  any 
quantity,  on  the  first  day  of  the  week,  commonly  called  Sunday,  or 
on  any  election  day  for  the  choice  of  presidential  electors,  state, 
county  or  city  officers,  shall  upon  conviction  thereof  be  punished 


DRAMSHOPS.  293 

by  fine  as  follows :  For  the  first  offense  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars  ;  for  the  second  offense  not 
less  than  thirty  dollars  nor  more  than  one  hundred  and  fifty  dol- 
lars; for  the  third  offense  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars ;  and  in  addition  to  the  fine  in  the  third 
offense  such  judge  of  the  police  court  or  other  court  before  whom 
such  person  is  tried  shall  declare  such  license  forfeited  to  the  city 
of  St.  Joseph,  and  thereafter  it  shall  be  unlawful  for  such  licensee 
or  any  other  person  to  do  business  under  such  forfeited  license; 
and  the  person  to  whom  such  license  was  issued  shall  not  be  per- 
mitted to  receive  another  as  dramshop  keeper  for  a  period  of  six 
months.     [R.  0.  1897,  Chap.  25,  See.  14]. 

Sec.  179.  Conditions  under  which  license  is  granted — pen- 
alty.^Every  license  as  a  dramshop  keeper  shall  be  granted  upon 
condition  that  the  holder  thereof  shall  close  his  place  of  business 
whenever  the  mayor,  by  proclamation,  shall  so  order,  and  for  such 
length  of  time  as  he  may  order,  not  exceeding  forty-eight  hours 
at  any  one  time.  Any  person  violating,  failing,  neglecting  or  re- 
fusing to  comply  with  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  twenty  dollars  nor  more  than  one  hun- 
dred dollars.     [R.  0.  1897,  Chap.  25,  Sec.  15] . 

Sec.  180.  Performing-  on  musical  instruments,  sparring,  box- 
ing, wrestling,  gaming  tables,  etc.,  prohibited — penalty. — A  dram- 
shop keeper  shall  not  keep,  exhibit,  use  or  suft'er  to  be  used  in  his 
dramshop,  any  piano,  organ  or  other  musical  instrument  whatever 
for  the  purpose  of  performing  upon  or  having  the  same  performed 
upon  in  such  dramshop  ;  nor  shall  he  permit  any  sparring,  boxing, 
wrestling  or  other  exhibition  or  contest  or  cock  fight  in  his  dram- 
shop ;  and  it  shall  be  unlawful  for  any  dramshop  keeper  to  set  up, 
keep,  use  or  permit  to  be  kept  or  used,  in  c:-  about  the  premises  of 
his  dramshop,  by  any  other  person,  or  run  or  to  be  run  in  connec- 
tion with  such  dramshop,  in  any  manner  or  form  whatever,  any 
gaming  tables,  bowling  or  ten  pin  alley,  cards,  dice  or  other  device 
for  gaming  or  playing  any  game  of  chance,  excepting  billiard  ta- 
bles and  pool  tables ;  and  the  keeper  of  such  dramshop  shall  not 
permit  any  person  in  or  about  his  dramshop  to  play  upon  any  such 
table  or  alley  or  with  cards,  dice  or  any  gambling  device  of  any 
kind.     Every  person  violating  any  provision  of  this  section  shall 


294  KEVISED  ORDINANCES.  CHAP.  XIII. 

be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars.     [R.  0.  1897,  Chap.  25,  See.  16]. 

Sec.  181.  Employment  of  lewd  women  prohibited. — No  dram- 
shop keeper  shall  employ  or  allow  any  lewd  women  or  woman  hav- 
ing  the  reputation  of  being  a  prostitute  as  a  carrier  of  beer, 
liquors,  cigars  or  any  other  article,  or  to  sing  or  dance  in  such 
house  or  place,  or  to  allow  any  such  woman  to  act  as  bartender  in 
any  such  house  or  place,  under  a  penalty  of  not  less  than  twenty- 
five  dollars  nor  more  than  two  hundred  dollars.  [R.  0.  1897, 
Chap.  25,  Sec.  17]. 

Sec.  182.     Dramshop  not  to  be  licensed  in  house  of  ill  fame. — 

No  dramshop  shall  be  licensed  or  permitted  to  be  kept  or  main- 
tained in  any  house  or  building  used  for  the  purpose  of  prostitu- 
tion, or  as  a  house  of  assignation  or  ill  fame.  [R.  0.  1897,  Chap. 
25,  Sec.  18]. 

Sec.  183.  Sale  of  intoxicating  liquors  in  theaters  prohib- 
ited.— It  shall  be  unlawful  for  any  person  or  persons  to  sell,  so- 
licit, barter  or  give  away  any  intoxicating  liquor  on  the  floor,  in 
the  boxes  or  among  the  audience  of  any  theater  or  variety  show  or 
minstrel  performance  in  the  city  of  St.  Joseph.  [R.  0.  1897, 
Chap.  25,  Sec.  19]. 

Sec.  184.  Penalty. — AVhoever  shall  violate  any  of  the  provis- 
ions hereof  as  relating  to  dramshop  keepers,  where  no  special 
penalty  is  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars.  [R.  O.  1897,  Chap.  25.  Sec. 
20]. 

Sec.  185.  Auditor  and  treasurer  to  report  to  county 
monthly. — It  shall  be  the  duty  of  the  c  ity  auditor  to  report  to  the 
collector  of  Buchanan  county  monthly  the  number  of  dramshop 
licenses  issued  during  the  monlli,  together  with  a  list  of  the  per- 
sons procuring  such  license,  and  the  amount  due  the  state  and 
county  on  the  same,  said  report  to  be  made  not  later  than  the  sec- 
ond day  of  the  month  next  succeeding  that  in  which  the  licenses 
were  issued ;  and  it  is  hereby  made  the  duty  of  the  city  collector 
to  pay  over  to  said  county  collector  the  amount  due  said  state 


DRAMSHOPS.  2db 

and  county  as  shown  by  said  city  auditor's  report,  on  or  before 
the  fourth  day  of  the  month  next  succeeding  that  in  which  such 
license  fees  were  collected,  and  to  take  said  county  collector's 
receipt  therefor.      [R.  0.  1897,  Chap.  25,  Sec.  21]. 

Sec.  186.  License  may  be  revoked. — Whenever  it  shall  be 
shown  to  the  mayor,  upon  the  written  statement  of  three  or  more 
reputable  property  owners,  subscribed  and  sworn  to,  that  any 
dramshop  keeper  has  not  kept  at  all  times  an  orderly  house,  the 
mayor  shall  at  once  notify  such  dramshop  keeper  to  appear  before 
him,  and  he  shall  investigate  the  charges  preferred.  If  satisfied 
of  the  truth  of  the  statement  made  he  shall  revoke  the  license  of 
such  dramshop  keeper,  and  if  requested  by  such  dramshop  keeper 
he  shall  forthwith  place  the  papers  in  the  hands  of  the  city  at- 
torney, with  instructions  to  institute  proceedings  in  the  police 
court  against  such  dramshop  keeper,  and  if  on  the  trial  of  such 
case  the  dramshop  keeper  shall  be  acquitted  the  revocation  of 
such  license  by  the  mayor  shall  be  null  and  void;  provided,  thnt 
the  city  auditor  shall  not  grant  a  license  to  any  person  wliuse 
license  has  been  revoked,  or  who  has  been  convicted  more  than 
one  time  during  the  year  preceding  his  application  for  a  dramshop 
license  for  violation  of  any  ordinance  relating  to  dramshops,  or 
has  had  in  his  employ  in  his  business  of  dramshop  keeping  any 
person  whose  license  has  been  revoked.  [R.  O.  1897,  Chap.  25, 
Sec.  22]. 


296 


REVISED  ORDINANCES. 


CHAP.  XIV. 


CHAPTER     XIV 


ELECTIONS. 


Section 

1S7.     Elections,      where      held,      how 
governed,  etc. 

Proclamation  for,  how  pub- 
lished. 

Judges,  appointment  of,  form  of 
oath. 

When  voters  may  elect  judges. 

Clerks,  appointment  of,  how 
sworn. 

City  eleik  to  notify  judges; 
furnish  ballot  boxes,  poll 
books,  etc. 

Manner  of  conducting  elections. 

Ballots,  ballot  boxes,  etc.,  to  be 
returned  to  city  clerk. 

Rejected  ballots  to  be  preserved 
and  returned. 

City  clerk  and  justices  to  cast 
up  result,  etc. 

Certificate  of  election  to  be  is- 
sued. 


188. 


189. 


190. 
191. 


192. 


193. 
194. 


195. 


196. 


197. 


Section 

198.  Judge  or  clerk  quitting  service; 

penalty. 

199.  Judge  or  clerk  sick,  another  to 

be  selected. 

200.  Ballots  not  to  be  examined. 

201.  Judges    to    preserve    order    and 

command  arrests. 

202.  Compensation     of     judges     and 

clerks. 

203.  Chief  of  police   to  provide  offi- 
cers, etc. 

204.  Penalty  for   seizing  ballot  box. 

205.  Judges    to    have    copy    of    this 

chapter. 

206.  Tie  vote;    how  settled  by  lot. 

207.  Same  laws  govern  special  elec- 

tion. 

208.  Vacancies;    how  filled. 

209.  Special  elections  to  be  called. 


Sec.  187.  Elections  governed,  by  what  laws. — All  elections 
held  for  city  officers  or  city  purposes  in  the  city  of  St.  Joseph 
shall  be  held  at  such  place  or  places  in  each  ward  as  the  mayor  and 
common  council  may  by  ordinance  direct,  and  according  to  the 
regulations  prescribed  by  the  laws  of  the  state  governing  registra- 
tion and  elections,  and  the  provisions  of  this  ordinance.  [R.  0. 
1897,  Chap.  26,  Sec.  1]. 

Src.  188.  Notice,  how  given. — The  mayor  shall,  by  proclama- 
tion, give  seven  days'  public  notice  of  the  time  and  place  of  hold- 
ing any  general  or  special  election  by  publication  in  at  least  two 
of  the  daily  papers  of  the  city,  one  of  which  shall  be  the  official 
paper  of  the  city,  if  there  be  one.      [R.  O.  1897.  Chap.  26,  Sec.  2]. 


Sec  189.  Judges,  appointment  of — form  of  oath. — The  com- 
mon council  shall,  at  least  seven  days  before  the  day  set  for  hold- 
ing an  election,  appoint  six  judges  of  election  for  each  place  of 
voting  in  the  several  wards;   three  of  the  judges  shall  be  taken 


ELECTIONS.  297 

from  the  political  party  that  polled  the  largest  number  of  votes  at 
the  last  preceding  general  election,  and  three  of  the  judges  from 
the  party  that  polled  the  next  largest  vote.  Said  judges  shall, 
before  entering  upon  their  duties,  take  the  following  oath :  "I 
do  solemnly  swear  that  I  will  faithfully  and  impartially  discharge 
the  duties  of  judge  of  the  present  election,  according  to  law,  and 
that  I  will  not  disclose  how  any  voter  shall  have  voted,  unless  I 
am  required  to  do  so  as  a  witness  in  the  proper  judicial  proceed- 
ing, and  that  I  will  not  allow  any  person  to  vote  whose  name  is  not 
duly  registered  according  to  law,  so  help  me  God;"  which  oath 
may  be  administered  by  some  officer  authorized  to  administer 
oaths,  or  by  one  of  their  own  body  who  in  turn  may  be  sworn  by 
one  of  the  other  judges.      [R.  0.  1897,  Chap.  26,  Sec.  3]. 

Sec.  190.  Voters  may  elect  judges,  when. — If  any  person 
appointed  to  act  as  a  judge  fail  to  be  present  at  the  place  of  elec- 
tion at  the  time  of  opening  the  polls,  or  being  present,  declines 
serving,  the  voters  then  and  there  present  to  the  number  of  ten  or 
more  may  elect  a  qualified  person  to  act  as  judge  of  that  election. 
[R.  0.1897,  Chap.  26,  Sec.  4]. 

Sec.  191.  Clerks,  appointment  of — how  sworn.— The  judges 
of  any  election  shall,  before  opening  the  polls,  appoint  four  suit- 
able persons,  qualified  voters  of  the  ward,  to  act  as  clerks  of  the 
election,  who  shall  take  an  oath  or  affirmation,  to  be  administered 
by  one  of  the  judges  of  the  election,  that  they  will  faithfully 
record  the  names  of  all  the  voters,  and  also  take  the  oath  above 
prescribed  for  the  judges ;  but  no  officer  of  the  city,  or  candidate 
for  any  city  office,  shall  be  judge  or  clerk  of  any  city  election. 
[R.  0.  1897,  Chap.  26,  Sec.  5]. 

Sec.  192.  City  clerk  to  notify  judges,  deliver  ballot  boxes 
and  poll  books,  etc. — The  city  clerk  shall,  at  least  three  days  be- 
fore the  day  set  for  holding  an  election  cause  notice  of  their  ap- 
pointment to  be  given  to  the  judges,  to  one  of  whom  he  shall 
deliver,  one  day  before  the  election,  two  ballot  boxes,  to  be  des- 
ignated as  number  one  and  number  two,  and  blank  poll  books 
with  the  necessary  certificates  written  or  printed  in  blank  therein, 
together  with  a  list  of  registered  voters  resident  within  the  voting 
precinct  and  entitled  to  vote  therein  at  said  election  duly  certified 
by  the  clerk  of  the  county  court,  to  be  used  by  the  judges  of  the 


298  REVISED  ORDINANCES.  CHAP.  XIV. 

election,  which  certified  lists  of  registered  voters  of  the  city  clerk 
shall  obtain  of  the  county  clerk  at  the  expense  of  the  city  for 
that  purpose.     [R.  0.  1897,  Chap.  26.  Sec.  6]. 

Sec.  193.  Manner  of  conducting  elections. — The  judges  and 
clerks  of  any  election  shall  proceed  to  conduct  the  election  and 
perform  their  respective  duties  as  provided  by  the  general  laws 
of  the  state  and  ordinances  of  this  city.  [R.  0.  1897,  Chap.  26, 
Sec.  7]. 

Sec.  194.     Ballots,  ballot  boxes,  etc.,  return  of  to  city  clerk, — 

The  ballots  shall,  at  the  close  of  the  count  be  replaced  in  the 
ballot  box,  which  shall  be  locked  and  safely  sealed  up  and  not 
reopened  by  them  or  with  their  consent  thereafter ;  and  the  judges 
shall,  by  one  of  their  body,  at  ten  o  'clock  of  the  day  next  follow- 
ing the  election,  deliver  the  ballot  box  and  registration  lists  and 
poll  books,  with  certificates,  to  the  city  clerk  at  his  office.  [R. 
O.  1897,  Chap.  26,  Sec.  8] . 

Sec.  195.     Rejected  ballots  to  be  preserved  and  returned. — 

All  rejected  ballots  shall  be  preserved  and  returned  with  the 
books  and  other  ballots  in  a  separate  envelope  marked  ''rejected 
ballots,"  and  the  city  clerk  shall  preserve  the  same  for  twelve 
months  in  his  office.     [R.  0.  1897,  Chap.  26,  Sec.  9]. 

Sec.  196.  City  clerk  and  justices  to  cast  up  result,  etc. — 
On  the  day  succeeding  that  on  which  a.ny  general  or  special  elec- 
tion shall  be  held,  or  as  soon  as  the  returns  of  any  such  election 
shall  be  made  to  him  hy  the  judges  thereof,  it  shall  be  the  duty 
of  the  city  clerk  to  call  in  two  justices  of  the  peace,  and  shall,  in 
connection  with  such  justices  of  the  peace,  proceed  to  canvass 
and  verify  the  returns  of  the  judges  and  clerks  of  any  such  elec- 
tion, and  shall  certify  the  result  to  the  common  council  at  the 
next  succeeding  session  thereof,  stating  the  name  of  each  person 
voted  for,  the  office  for  which  he  is  voted  for  and  the  aggregate 
number  of  votes  given  to  each  person,  and  who  are  elected,  which 
certificate  shall  be  signed  by  them.  Said  justices  of  the  peace 
shall  l)e  entitled  to  have  and  receive  out  of  the  city  treasury  the 
sum  of  five  dollars  each  for  their  services.  [R.  0.  1897,  Chap. 
26,    Sec.  10]. 

Sec.  197.  Certificate  of  election  to  be  issued. — The  city 
clerk  shall,  on  the  next  day  after  making  the  certificate  aforesaid, 


ELECTIONS.  299 

make  out  and  deliver  a  certificate  of  election,  under  the  seal  of 
the  city,  which  certificate  shall  be  signed  by  the  mayor  and  at- 
tested by  him,  to  each  person  elected,  setting  forth  the  office  to 
which  he  is  elected.      [R.  0.  1897,  Chap.  26,  Sec.  11]. 

Sec.  198.  Judge  or  clerk  quitting  service — penalty. — Any 
judge  or  clerk  of  election  who  shall  have  commenced  serving  as 
such,  and  shall  fail  to  perform  any  of  the  duties  enjoined  on  him 
by  law  or  ordinance,  except  as  hereinafter  provided,  shall  forfeit 
and  pay  a  sum  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars.      [R.  0.  1897,  Chap.  26,  Sec.  12]. 

Sec.  199.    Judge  or  clerk  sick,  another  to  be  selected. — If 

any  judge  or  clerk  of  election,  after  entering  upon  the  discharge 
of  his  duties,  shall,  by  sickness  or  other  personal  disability,  be 
rendered  unable  to  continue  to  act,  another  may  be  appointed  in 
his  place ;  if  a  judge,  by  the  qualified  voters  to  the  number  of  ten 
or  more  present ;  if  a  clerk,  by  the  judges.  In  such  case  the 
person  substituted  shall  make  oath  as  hereinbefore  required,  and 
the  fact  of  substitution  and  the  time  when  it  took  place  shall  be 
noted  in  the  poll  book  by  the  clerks.  [R.  0.  1897,  Chap.  26, 
Sec.  13]. 

Sec.  200.  Ballots  not  to  be  examined. — No  judge  or  clerk  of 
election  shall  examine  or  suffer  any  one  to  examine  the  ballot  of 
any  voter  handed  in  to  be  deposited  in  the  ballot  box,  before 
placing  the  same  therein,  or  permit  any  one  but  the  voter  hand- 
ing the  same  in,  or  one  of  the  judges  to  handle  the  same,  or  allow 
any  person  but  one  of  the  judges  to  handle  a  ballot  box,  under 
a  penalty  of  not  less  than  twenty-five  nor  more  than  five  hundred 
dollars.     [R.  O.  1897,  Chap.  26,  Sec.  14]. 

Sec.  201.     Judges  to  preserve  order  and  command  arrests. — 

The  judges  shall  have  power  to  preserve  order  at  the  polls,  and 
to  command  the  officer  in  attendance  to  arrest  and  take  before 
the  judge  of  the  police  court  any  person  who  shall,  by  violent  and 
turbulent  conduct,  or  in  any  other  manner  interfere  with,  hinder, 
obstruct,  disturb  or  delay  the  judges  or  clerks  in  the  discharge 
of  their  duties,  or  any  voter  exercising  the  privilege  of  voting; 
and  for  any  such  offense,  the  offender  shall  forfeit  and  pay  a  sum 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars.  [R.  0. 
1897,  Chap.  26,  Sec.  15]. 


300  REVISED  ORDINANCES.  CHAP.  XIV. 

Sec.  202.  Compensation  of  judges  and  clerks. — Each  judge 
and  clerk  of  election  shall  be  eutitled  to  receive  the  sum  of  three 
dollars  for  each  day  he  may  be  employed  in  holding  an  election, 
counting  the  ballots  and  certifying  the  vote,  and  no  judge  or  clerk 
shall  be  allowed  more  than  one  day's  service,  except  the  judge 
who  shall  return  to  the  clerk's  office  the  ward  or  precinct  ballot 
box  of  said  election,  who  shall  be  allowed  an  extra  half  day's 
service,  the  total  compensation  of  said  returning  judges  to  be 
in  all  four  dollars  and  fifty  cents,  and  the  city  clerk  shall  certify 
to  the  auditor  the  amount  due  to  each  judge  and  clerk,  whereupon 
the  auditor  shall  draw  a  warrant  on  the  treasurer  in  favor  of 
each  person  for  the  amount  due  him.  [R.  0.  1897,  Chap.  26, 
Sec.  16]. 

Sec.  203.  Chief  of  police  to  provide  officers,  etc. — It  shall  be 
the  duty  of  the  chief  of  police  to  station  suitable  and  a  sufficient 
number  of  police  officers  at  each  place  of  holding  an  election, 
for  the  purpose  of  preserving  order  and  decorum,  and  to  enforce 
the  lawful  commands  of  the  judges  of  election.  [R.  0.  1897, 
Chap.  26,  Sec.  17]. 

Sec.  201.  Seizing  ballot  box — penalty. — Whoever  shall,  at 
any  election,  seize  or  attempt  to  seize  a  ballot  box  or  poll  book, 
with  the  purpose  of  carrying  off  the  same  by  force,  shall  forfeit 
and  pay  a  sum  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars.     [R.  0.  1897,  Chap.  26,  Sec.  18] . 

Sec.  205.  Judges  to  have  a  copy  of  this  chapter. — It  shall  be 
the  duty  of  the  city  clerk  to  deliver  a  copy  of  this  ordinance  to  at 
least  one  of  the  judges  of  election  in  the  several  wards  of  this 
city  at  least  one  day  previous  to  any  election.  [R.  0.  1897,  Chap. 
26,  Sec.  19]. 

Sec.  206.  Tie  vote,  how  determined  by  lot. — When  two  or 
more  persons  shall  have  an  equal  number  of  votes  for  the  office 
of  mayor,  or  for  any  other  elective  office,  the  city  clerk  and 
justices  after  canvassing  the  returns  shall  certify  the  same  to  the 
common  council,  who  shall  proceed  to  determine  the  same  by  lot 
in  the  following  manner:  They  shall  cause  twelve  separate  bal- 
lots or  slips  of  paper  to  be  prepared,  equal  in  size  and  similar 
in  appearance,  the  name  of  each  candidate  to  be  written  upon  an 
equal  number,  and  neatly  folded  with  the  name  upon  the  inside, 


ELECTIONS.  301 

and  being  so  prepared,  shall  be  put  in  a  box  and  well  mixed; 
eleven  of  which  ballots  or  slips  being  prepared  as  aforesaid,  shall 
be  then  drawn  out  by  the  city  clerk  and  counted  as  votes,  and 
the  person  whose  name  is  upon  a  majority  of  the  ballots  so  drawn 
shall  be  declared  elected.  But  if  the  tie  be  in  the  election  of  an 
alderman,  the  parties  named  in  such  certificate  shall  immediately, 
in  the  presence  of  the  common  council,  determine  by  lot  their 
respective  rights ;  but  upon  failure  from  any  cause  to  do  so,  the 
same  shall  be  determined  as  in  this  section  provided  for  deter- 
mining other  cases.      [R.  O.  1897,  Chap.  26,  Sec.  20] . 

Sec.  207.  Same  laws  govern  special  election. — The  provis- 
ions of  all  laws  and  ordinances  in  regard  to  general  elections 
shall,  as  far  as  practicable,  govern  special  elections.  As  many 
vacancies  as  exist  at  any  one  time  shall  be  filled  at  one  election 
and  under  one  proclamation.  The  registration  lists  of  the  general 
election  next  preceding  any  special  election  shall  be  furnished  to 
the  judges  at  such  special  election  to  be  used  as  in  case  of  a  gen- 
eral election.     [R.  0.  1897,  Chap.  26,  Sec.  21].     , 

Sec.  208.  Vacancies — how  filled. — ^When  a  vacancy  occurs  in 
any  elective  office,  except  that  of  mayor,  within  one  hundred  days 
next  preceding  a  general  city  election,  the  office  shall  be  filled 
by  appointment  of  the  mayor ;  but  when  any  such  vacancy  occurs 
more  than  one  hundred  days  next  before  a  general  election, 
or  if  a  vancancy  shall  occur  in  the  office  of  mayor  more  than  one 
hundred  days  next  before  such  general  election,  a  special  election 
shall  be  had  to  fill  such  vacancy.      [R.  0.  1897,  Chap.  26,  Sec.  22] . 

Sec.  209.  Special  election,  proclamation  for. — Within  a  reas- 
onable time  after  notice  of  a  vacancy,  the  mayor,  or  if  the  va- 
cancy be  in  the  mayor's  office,  the  president  of  the  council  shall 
issue  his  proclamation  for  a  special  election,  fixing  a  day  therefor, 
which  shall  be  published  in  the  official  newspaper  of  the  city 
and  one  other  daily  paper  in  the  city,  for  at  least  seven  days  next 
preceding  the  day  so  fixed,  and  shall  specify  the  office  or  offices 
to  be  filled.     [R.  0.  1897,  Chap.  26,  Sec.  23]. 


302 


REVISED  ORDINANCES. 


CHAP.  XV. 


CHAPTER     XV 


FIRE  DEPARTMENT,  ETC. 


Article 

I.     Department  and  regulation. 
II.     Fire  limits. 
III.     Fire  escapes. 


Article 

IV.     Prevention  of  fires. 

V.     Storage  of   combustibles. 
VI.     Firemen's  pension  fund. 


ARTICLE    I. 

DEPARTMENT  AND  REGULATION. 


Section 

210.  Fire     department     consists     of 

what  officers. 

211.  Chief  engineer  and  assistant  to 

be   appointed. 

212.  Tenure  of  office. 

213.  Foieman  and  members;  how  ap- 

pointed. 

214.  Qualifications    of    members. 

215.  Rules     and     regulations;      how 

made. 

216.  Pay      roll      to      be      made      out 

monthly. 

217.  Leave    of    absence    and    substi- 

tute. 

218.  Duties  of  chief. 


Section 

219.  Duty  of  foreman  of  company. 

220.  Firemen  not  to  peddle  election 

tickets. 

221.  To  wear  uniform  and  obey  or- 

ders. 

222.  Cause  for  discharge. 

223.  Association    of   firemen   prohib- 

ited. 

224.  Loitering  around   engine   house 

forbidden. 

225.  Right-of-way  must   not   be   ob- 

structed. 

226.  Recoid  to  be  kept  by  chief. 

227.  Property  of,  when  and  how  sold. 
2:^0.     Nuisances     to    be    reported    to 

Board  of  Health. 


Skc.  210.  Fire  department  consists  of.^Tlie  fire  department 
of  the  city  of  St.  Joseph  shall  consist  of  one  chief  engineer,  one 
assistant  chief  engineer  and  one  foreman  for  each  steam  fire 
engine,  hose  and  hook  and  ladder  company,  and  as  many  men  for 
each  steam  fire  engine  company  not  exceeding  five,  and  for  each 
hose  company  not  exceeding  five,  and  for  each  hook  and  ladder 
company  not  exceeding  eight,  as  the  chief  engineer  shall  from 
time  to  time  deem  necessary,  by  and  with  the  approval  of  the 
committee  on  fire  department.  [E.  0.  1897,  Chap.  30,  Art.  1, 
Sec.  1] . 

Sec.  211.  Chief  engineer  and  assistants. — The  mayor  and 
common  council  shnll  appoint  a  chief  engineer  and  two  assistant 
chief  engineers  of  the  fire  department.  No  person  shall  be  ap- 
pointed either  chief  engineer  or  assistant  chief  engineer  unless 


ART.  I.  FIRE  DEPARTMENT.  303 

he  has  had  at  least  two  years '  experience  in  some  fire  department, 
and  can  read  and  write  and  speak  the  English  language,  and 
possesses  all  other  qualifications  which  are  required  by  law  or 
ordinance  before  entering  upon  duty.  They  shall  take  the  oath 
of  office  required  by  law,  and  give  bond  in  such  amount  as  the 
mayor  and  common  council  may  require.  [R.  0.  1897,  Chap.  30, 
Art.  1,  Sec.  2] . 

Sec.  212.  Tenure  of  office. — The  chief  engineer  and  assistant 
chief  engineer  shall  hold  their  office  until  removed  for  cause ;  such 
removal  to  be  effected  in  the  manner  provided  by  law  for  the 
removal  of  other  appointed  officers  of  the  city.  In  case  of  a 
vacancy  in  said  office,  it  shall  be  filled  by  appointment  in  the 
manner  provided  by  section  211.  [R.  O.  1897,  Chap.  30,  Art. 
1,  Sec.  3]. 

Sec.  213.  Foreman  and  members,  how  appointed. — The  fore- 
man and  other  members  of  the  department  shall  be  appointed  by 
the  chief  engineer,  by  and  with  the  consent  of  the  mayor  and 
common  council.  They  may  be  removed  by  the  chief  engineer 
for  neglect  of  duty  or  other  cause  deemed  good  and  sufficient  by 
him,  and  shall  report  the  same  at  the  first  session  of  the  council. 
[R.  0.  1897,  Chap.  30,  Art.  1,  Sec.  11 . 

Sec.  211.  Qualifications  of  members. — No  person  shall  be  ap- 
pointed or  employed  as  a  member  of  the  fire  department,  who 
is  not  over  twenty-one  and  under  forty  years  of  age,  a  citizen 
of  the  United  States,  and  a  legal  voter  of  the  city.  And  all 
officers  and  members  of  the  fire  department  shall  not  engage  in 
any  other  occupation  or  business  while  officers  or  members  of 
the  department.      [R.  0.  1897,  Chap.  30,  Art.  1,  See.  5]. 

Sec.  215.  Rules  and  regulations,  how  made. — It  shall  be  the 
duty  of  the  chief  engineer  of  the  fire  department  to  make  rules 
and  regulations  for  the  proper  government  and  discipline  of  the 
members  of  the  department  as  he  may  deem  necessary,  from  time 
to  time,  and  enforce  reasonable  penalties  upon  such  members  for 
any  violation  of  the  same;  but  no  such  rules  and  regulations 
shall  take  effect  until  the  same  shall  be  approved  by  the  mayor 
and  common  council.     [R.  0.  1897,  Chap.  30,  Art.  1,  See.  6] . 


394  REVISED  ORDINANCES.  CHAP.  XV. 

Sec.  216.  Pay  roll  to  be  made  out  monthly.^The  chief 
engineer  of  the  fire  department  shall  make  out  and  present  to 
the  city  auditor  a  monthly  pay  roll  of  the  members  of  the  fire 
department,  showing  the  name  of  each  member,  the  number  of 
days  of  service  perforemed  by  him  or  his  legally  appointed  sub- 
stitute, and  the  amount  of  compensation  due  therefor.  Said  pay 
roll  shall  be  certified  to  by  the  chief  engineer  of  the  fire  depart- 
ment, and  shall  have  attached  thereto  his  affidavit  of  the  correct- 
ness thereof,  and  shall  be  the  voucher  upon  which  to  issue  war- 
rants upon  the  treasurer  to  pay  the  members  of  said  department. 
In  case  any  member  of  the  fire  depai"tment  is  unable  to  perform 
duty  for  a  period  not  exceeding  ninety  days  in  consequence  of  any 
injury  received  in  the  performance  of  his  duties  as  a  member  of 
the  department,  the  chief  engineer  shall  report  such  fact  on  his 
pay  roll,  and  when  accompanied  with  the  certificate  of  the  city 
physician,  that  the  member  or  members  thereof  is  or  are  unable 
to  perform  their  duties  in  consequence  of  the  said  injuries,  the 
auditor  shall  draw  a  warrant  upon  the  treasurer  for  service  for 
a  period  not  exceeding  ninety  days.  [R.  0.  1897,  Chap.  30,  Art. 
1,  Sec.  7]. 

Sec.  217.  Leave  of  absence  and  substitute.— Each  member 
of  the  fire  department  shall  be  granted  during  each  year  nine 
days  leave  of  absence  from  duty  and  absence  on  account  of 
accident  or  sickness  shall  not  be  computed  as  part  of  such  nine 
days'  leave  of  absence  from  duty,  and  absence  on  account  of 
member  granted  such  leave  of  absence.  The  chief  engineer  shall 
have  power  to  appoint  substitutes  to  serve  during  the  absence 
of  any  member,  and  substitutes  shall  receive  the  same  compensa- 
tion as  new  members  while  serving  in  the  place  of  members 
absent  on  nine  days'  leave,  after  which  they  shall  receive  the 
same  compensation  as  the  member  in  whose  stead  they  may  be 
acting.     [G.  O.  No.  564,  See.  1]. 

Sec.  218.  Duties  of  chief. — The  chief  engineer  shall  be  re- 
sponsible for  the  discipline,  good  order  and  proper  conduct  of 
the  whole  fire  department,  the  enforcement  of  all  laws,  ordin- 
ances and  regulations  pertaining  thereto,  and  for  the  care  and 
condition  of  the  houses,  engines,  hose  carriages  and  all  other 
property  of  the  fire  department.  He  shall  have  the  superintend- 
ing control  and  command  of  all  the  officers  and  men  belonging 


ART.  I.  FIRE  DEPARTMENT.  305 

to  the  department,  of  all  the  engine  houses  and  other  houses 
used  for  the  purpose  thereof,  and  of  all  the  engines  and  other 
fire  apparatus  belonging  to  the  city.  He  shall  likewise  have  con- 
trol of  all  persons  present  at  fires,  and  to  that  end  act  as  ex  officio 
chief  of  police  and  exercise  all  the  powers  of  the  chief  of  police 
thereat.  He  shall  wear  a  proper  badge  of  office,  and  shall,  when 
a  fire  breaks  out,  take  immediate  and  proper  measures  for  its 
extinguishment.  He  shall  have  power,  if  need  be,  to  summon  any 
or  all  persons  present  to  aid  in  extinguishing  any  fire,  or  in  re- 
moving any  personal  property  from  any  building  on  fire  or  in 
danger  thereof,  and  in  guarding  the  same ;  and  any  person  refus- 
ing to  obey  such  summons  shall  be  deemed  guilty  of  a  misde- 
meanor. The  chief  of  the  fire  department  shall  also  have  the 
power  to  order  the  cutting  down  and  removing  of  any  building, 
erection,  fence  or  other  things  if  he  shall  deem  it  necessary  for 
the  purpose  of  checking  the  progress  of  any  fire.  In  case  of  the 
absence  of  the  chief  engineer  from  any  fire,  the  assistant  chief 
of  the  department  shall  for  the  time  have  the  powers  and  per- 
form the  duties  of  such  chief.  The  chief  engineer  of  the  fire 
department,  or  the  assistant  chief  in  command,  may  prescribe 
limits  in  the  vicinity  of  any  fire  within  which  no  person  excepting 
those  who  reside  therein,  or  members  of  the  fire  and  police  depart- 
ments, and  those  admitted  by  order  of  the  officers  of  the  fire 
department  or  police,  shall  be  permitted  to  come.  [R.  0.  1897, 
Chap.  30,  Art.  1,  Sec.  10]. 

Sec.  219.  Duty  of  foreman  of  company. — It  shall  be  the  duty 
of  the  foreman  of  each  company  to  see  that  the  engine,  fire  ap- 
paratus and  other  property  belonging  to  the  department  and 
committed  to  his  care,  and  the  building  or  buildings  in  which  the 
same  are  located,  are  kept  neat  and  clean  and  in  good  condition 
for  immediate  use.  He  shall  preserve  order  and  discipline  at  all 
times  in  his  company,  and  enforce  the  strict  observance  of  the 
ordinances  pertaining  to  the  department  and  the  rules  and  regu- 
lations thereof.  All  such  foremen  shall  keep  such  books  and 
records  as  the  chief  engineer  may  require.  Any  foreman  or  other 
member  of  the  department  who  shall  refuse  or  neglect  to  obey 
the  orders  of  the  chief  engineer  shall  be  discharged  from  the 
service.  In  the  absence  of  the  foreman  of  any  company,  the  chief 
engineer  shall  appoint  some  member  of  the  department  to  fill  his 

20 


806  REVISED  ORDINANCES.  CHAP.  XV. 

place  and  perform  his  duties  during  his  absence.      [R.  0.  1897, 
Chap.  30,  Art.  1,  Sec.  11]. 

Sec.  220.  Not  to  peddle  tickets  or  electior.eer. — No  member 
of  the  fire  department  shall  take  part  in  any  election  by  peddling 
tickets  or  electioneering  in  any  manner.  fR.  0.  1897,  Chap.  30, 
Art.  1,  Sec.  12] . 

Sec.  221.  To  wear  u.iiform  and  obey  orders. — All  members 
of  the  fire  department  shall  perform  such  duties  as  may  be  re- 
quired of  them  by  the  chief  or  assistant  chief  engineer,  or  the 
foreman  of  their  respective  companies,  and  shall  wear  such  uni- 
forms, caps,  badges  and  other  insignia  as  the  chief  engineer  and 
committee  on  fire  department  may  direct.  [R.  0.  1897,  Chap.  30, 
Art.  1,  Sec.  13]. 

Sec.  222.  Causes  for  dischargirig-,  etc. — Any  officer  or  mem- 
ber of  the  fire  department  neglecting  or  refusing  to  pay  a  just 
debt  contracted  during  his  connection  with  the  department,  shall 
be  discharged  from  the  service ;  but  no  officer  or  member  shall 
be  discharged  on  account  of  his  religious  or  political  principles. 
[R.  0.  1897,  Chap.  30,  Art.  1,  Sec.  14]. 

Sec.  223.  Association  of  firemen  prohibited. — No  associa- 
tion, club  or  organized  society  of  firemen  as  such,  shall  be  per- 
mitted to  exist  for  benevolent  purposes.  [R.  0.  1897,  Chap.  30, 
Art.  1,  Sec.  15] . 

Sec.  224.  Loitering  around  engine  house  forbidden. — Per- 
sons not  members  of  the  fire  depjirtment  are  forbidden  to  meet 
or  loiter  around  the  engine  houses  or  other  houses  used  by  the 
department.  Men  on  duty  at  such  houses  who  allow  the  same 
shall  be  subject  to  dismissal.  [R.  0.  1897,  Chap.  30,  Art.  1, 
Sec.  16]. 

Sec.  225.  Right  of  way  must  not  be  obstructed. — All  fire 
apparatus  shall  have  the  right  of  way  upon  any  street,  avenue  or 
highway  when  going  to  any  alarm  of  fire.  Any  person,  owner, 
driver,  conductor  or  engineer  of  any  buggy,  wagon,  carriage,  street 
railroad  car,  steam  railroad  car  ov  other  vehicles  propelled  by 
hand,  horse  or  steam  power,  who  shall  carelessly,  wantonly,  ma- 
liciously or  otherwise  obstruct  or  intercept  the  right  of  way  of  the 
fire  department  while  going  to  a  fire,  shall  be  deemed  guilty  of  a 


ART.  I.  FIRE  DEPARTMENT.  307 

misdemeanor,  and,  upon  conviction,  be  fined  not  less  than  five 
nor  more  than  twenty  dollars.      [R.  0.  1897,  Chap.  30,  Art.  1, 

Sec.  17]. 

Skc.  226.  Records  to  be  kept  by  chief. — The  chief  engineer 
shall  keep  or  cause  to  be  kept  in  suitable  books  a  record  of  the 
names,  ages  and  residences  of  all  the  members  of  the  fire  depart- 
ment, the  time  of  their  admission  and  discharge  and  an  inventory 
of  all  property  belonging  to  the  department.  He  shall  also  keep 
a  record  of  every  fire  that  may  occur,  showing  what  property  was 
destroyed,  giving  its  description,  name  of  owner  and  occupant, 
where  situated,  its  value,  the  amount  of  loss  and  insurance.  He 
shall  also  keep  a  record  of  false  alarms  of  fires,  of  the  expense 
connected  with  the  department  and  each  company  thereof,  and 
of  such  facts  as  he  may  deem  of  value  to  be  preserved  at  the  close 
of  each  year.  He  shall  report  to  the  comptroller  a  summary  of 
the  record  kept  during  the  year,  and  also  submit  an  estimate  of 
the  supplies  necessary  for  the  next  fiscal  year.  [R.  0.  1897,  Chap. 
30,  Art.  1,  Sec.  18]. 

Sec.  227.  Property  of,  when  and  how  sold. — No  property 
of  the  cit}^  provided  for  the  fire  department  shall  be  sold,  except 
by  order  of  the  mayor  and  common  council.  The  proceeds  of  all 
sales  of  any  such  property  shall  be  deposited  immediately  in  the 
treasury  by  the  person  making  such  sale,  taking  triplicate  re- 
ceipts thereof,  one  to  be  deposited  with  the  comptroller,  one  with 
the  auditor  and  the  other  retained.  Each  receipt  must  recite  on 
what  account  the  money  was  received  and  to  what  fund  credited. 
The  treasurer  shall  place  all  moneys  so  deposited  to  the  credit  of 
the  expense  fund  of  the  fire  department ;  and  all  moneys  so 
deposited  shall  not  be  appropriated  to  any  other  purpose  or 
transferred  to  any  other  fund.  [R.  0.  1897.  Chap.  30,  Art.  1, 
Sec.  19]. 

Sec.  228.  Members  to  report  nuisances. — The  members,  of  the 
department  shall  report  all  nuisances  which  may  come  to  their 
knowledge  to  the  clerk  of  the  board  of  health;  and  report  all 
defective  sidewalks,  curbing  and  guttering  to  the  city  engineer. 
A.11  such  reports  must  be  made  in  writing,  and  must  be  signed  by 
the  person  making  the  report.  [R.  0.  1897,  Chap.  30,  Art.  1, 
Sec.  20]. 


308 


REVISED  ORDINANCES. 


CHAP.  XV. 


ARTICLE     II. 


FIRE  LIMITS. 


Section 


229. 
230. 


231. 


232. 


233. 


Fire  limits  of  first  class. 

Buildings  within;  how  to  be 
constructed. 

Second-class;  boundaries  of  de- 
fined. 

Buildings  within;  how  con- 
structed. 

Raising  and  removal  of  wooden 
buildings. 


Section 

234.  Penalty    for    violation    of    ordi- 

nance. 

235.  Superintendent  of  buildings  to 
order  removal  of  wooden  build- 
ings. 

236.  Lumber    yards    excluded    fiom 

fire  limits;    penalty. 


Sec.  229.  Fire  limits  of  first  class. — -All  that  part  of  the 
city  of  St.  Joseph  embraced  within  the  following  boundaries  shall 
be  known  as  the  fire  limits  of  the  first  class :  Commencing  at 
a  point  where  Levee  (Dewey  avenue)  street  intersects  the  Mis- 
souri river,  thence  north  along  the  center  of  Levee  street  (Dewey 
avenue)  to  Jules  street,  thence  east  along  the  center  of  Jules 
street  to  the  center  of  Main  street,  thence  north  along  the  center 
of  Main  street  to  the  center  of  Faraon  street,  thence  east  along 
the  center  of  Faraon  street  to  the  center  of  Fifth  street,  thence 
north  along  the  center  of  Fifth  street  to  the  center  of  Antoine 
street,  thence  east  along  the  center  of  Antoine  street  to  the 
center  of  Sixth  street,  thence  north  along  the  center 
of  Sixth  street  to  the  center  of  Hall  street,  thence  east  along 
the  center  of  Hall  stret  to  the  center  of  Ninth  street,  thence  south 
along  the  center  of  Ninth  street  to  the  center  of  Robidoux  street, 
thence  east  along  the  center  of  Robidoux  street  to  the  center  of 
Tenth  street,  thence  south  along  the  center  of  Tenth  street  to 
the  center  of  Messanie  street,  thence  west  along  the  center  of 
Messanie  street  to  the  Missouri  river,  thence  along  the  river  in 
a  northerly  direction  to  the  point  of  beginning.  [R.  0.  1897, 
Chap.  30,  Art.  2,  Sec.  1]. 

Sec.  230.  Buildings  within — how  constructed.-  No  building 
shnll  be  erected  within  the  fire  limits  of  the  first  class  unless  the 
same  shall  be  constructed  in  conformity  with  the  general  ordin- 
ances of  the  cit}'-,  and  the  following  provisions:  All  outside  and 
party  walls  shall  be  made  of  stone,  brick  or  other  fireproof  ma- 
terials; said  walls  shall  not  be  less  than  eight  inches  in  thickness. 
[R.  0.  1897,  Chnp.  30.  Art.  2.  Sec   2]. 


ART.  II.  FIRE  LIMITS.  309 

S;']c.  231.  Second  class — boundaries  of  defined. —AH  that 
rortion  of  the  city  of  St.  Joseph  lyiiiti'  outside  of  the  boundaries 
of  the  fire  limits  of  the  first  ^.lass  and  within  the  boundaries  in 
tins  section  defined,  shall  be  known  as  the  fire  limits  of  the 
second  class:  commencing  at  a  point  where  Levee  street  (Dewey 
avenue)  intersects  the  Missouri  river,  thence  north  along  the 
center  of  Levee  street  (Dewey  avenue)  to  the  center  of  Jules 
street,  thence  east  along  the  center  of  Jules  street  to  the  center 
of  Main  street,  thence  north  along  the  center  of  Main  street  to 
the  center  of  Louis  street,  thence  east  along  the  center  of  Louis 
street  to  the  center  of  Sixth  street,  thence  north  along  the  center 
of  Sixth  street  to  the  south  liiie  of  lot  18,  Ege's  addition,  thence 
easterly  along  the  said  south  line  to  the  south  line  of  lot  31,  same 
addition,  to  the  south  line  of  lot  3.  block  3,  county's  addition, 
and  the  south  line  of  St.  Joseph  Improvement  addition  to  the 
alley  between  said  Improvement  addition  and  Roger's  addition, 
thence  south  along  said  alley  to  the  north  line  of  Henry  street, 
thence  east  along  the  said  north  line  of  Henry  street  to  the  north 
line  of  Thomas  Henry's  addition  and  the  north  line  of  Avenue 
addition  to  Mt.  Mora  road,  thence  north  along  the  center  of  Mt. 
Mora  road  to  the  south  line  of  Mt.  Mora  cemetery,  thence  east 
along  the  south  line  of  Mt.  Mora  cemetery  to  the  center  of  Seven- 
teenth street,  thence  south  on  the  center  of  Seventeenth  street  to 
the  alley  in  block  2,  Oliver,  Glass  and  Wilson's  addition,  thence 
east  on  said  alley  to  the  center  of  Eighteenth  street,  thence  north 
on  the  center  of  Eighteenth  street  to  the  center  Colhoun  street, 
thence  east  on  the  center  of  Colhoun  street  to  the  center  of  Nine- 
teenth street,  thence  north  on  the  center  of  Nineteenth  street  to 
the  alley  in  block  6,  Highley's  addition,  thence  east  on  said  alley 
to  the  center  of  Twentieth  street,  thence  north  on  the  center  of 
Twentieth  street  to  the  north  line  of  the  alley  in  block  2,  High- 
ley's  addition,  thence  east  on  the  north  line  of  said  alley  and 
said  line  produced  east  of  Twenty-second  street,  thence  south  on 
the  center  of  Twenty-second  street  to  the  center  of  Colhoun  street, 
thence  west  on  the  center  of  Colhoun  street  to  the  center  of 
Twentieth  street,  thence  south  on  the  center  of  Twentieth  street 
to  the  alley  in  block  5,  Kemper's  addition,  thence  west  on  said 
alley  to  the  center  of  Nineteenth  street,  thence  south  on  the  center 
of  Nineteenth  street  to  the  center  of  Union  street,  thence  west 
on  the  center  of  Union  street  to  the  west  line  of  lot  1.  block  3, 


310  REVISED  ORDINANCES.  CHAP.  XV. 

Kemper's  addition,  thence  south  on  the  west  line  of  lots  1  and  12, 
block  3,  and  lots  5  and  16,  block  2,  and  lot  2,  block  1,  all  in  Kem- 
per's addition,  to  the  center  of  Eighteenth  street,  thence  south  on 
the  center  of  Eighteenth  street  to  the  center  of  Edmond  street, 
thence  west  on  the  center  of  Edmond  street  to  the  center  of  Fif- 
teenth street,  thence  south  on  the  center  of  Fifteenth  street  to  the 
center  of  Messanie  street,  thence  west  on  the  center  of  Messanie 
street  to  the  center  of  Eleventh  street,  thence  south  on  the  center 
of  Eleventh  street  to  the  center  of  Mitchell  avenue,  thence  west  on 
the  center  of  Mitchell  avenue  to  the  Missouri  river,  thence  north- 
erly along  the  river  to  the  point  of  beginning.  [R.  0.  1897,  Chap. 
30,  Art.  2,  Sec.  3]. 

Sec.  232.  Buildings  within — how  constructed. — No  buildings 
shall  be  erected  within  the  fire  limits  of  the  second  class  unless 
the  same  shall  be  constructed  in  conformity  with  the  following 
provisions :  All  outside  and  party  walls  shall  be  made  of  stone, 
brick  or  other  fireproof  materials ;  said  walls  shall  not  be  less 
than  eight  inches  in  thickness ;  provided,  that  the  superintendent 
of  buildings  may  issue  a  permit  for  the  construction  of  buildings 
within  the  fire  limits  of  the  second  class,  said  buildings  to  be  of 
wood,  iron  or  other  material,  to  be  erected  according  to  the  ordin- 
ances of  the  city,  upon  petition  of  three-fourths  of  the  resident 
property  owners  owning  property  in  the  platted  block  in  which 
said  building  is  to  be  located.  [R.  0.  1897,  Chap.  30.  Art.  2, 
Sec.  4]. 

Sec.  233.  Raising  and  removal  of  wooden  buildings. — Per- 
mission is  given  to  all  owners  and  occupants  of  buildings  in  the 
fire  limits  to  raise  wooden  buildings  to  the  established  grade,  and 
to  build  basements  or  cellars  of  brick  or  stone  under  the  build- 
ing so  raised;  but  otherwise,  no  wooden  building  or  part  of  build- 
ing within  the  fire  limits  shall  be  raised  or  enlarged,  nor  shall  the 
same  be  removed  to  any  other  lot,  nor  shall  any  wooden  building 
be  removed  through  any  of  the  streets  or  avenues  within  the  first 
class  fire  limits  without  having  been  first  taken  down,  nor  shall 
any  such  building  be  removed  into  the  fire  limits;  provided,  that 
when  the  sidewalks  may  be  raised  above  the  threshold  of  any 
building,  said  building  may  be  so  far  raised  as  to  keep  the  first 
filoor  a  reasonable  distance,  not  to  exceed  eight  inches,  above  the 
sidewalk,  without  brick  or  stone  foundation.  [G.  0.  No.  817, 
Sec.  1]. 


ART.  II.  FIRE  LIMITS.  811 

Sec.  234.  Penalty  for  violation  of  ordinance. — Any  owner, 
builder  or  other  person  who  shall  own,  build  or  aid  in  the  erec- 
tion of  any  building  or  part  of  building  within  the  said  limits, 
contrary  to  the  provisions  of  this  ordinance,  or  who  shall  raise 
or  enlarge  or  assist  in  raising  or  enlarging  any  wooden  building 
in  said  limits,  remove  or  cause  to  be  removed  through  the  streets 
or  avenues  in  the  fire  limits  any  wooden  building  without  first 
tearing  down  the  same,  or  who  shall  own,  remove  or  assist  in 
removing  any  wooden  building  within  said  fire  limits  of  the  first 
class,  from  one  lot  to  another  therein,  or  who  shall  own,  remove 
or  assist  in  removing  any  such  building  from  without  said  limits 
into  the  same,  contrary  in  either  case  to  any  foregoing  provision 
of  this  ordinance,  shall  be  subject  to  a  fine  of  not  less  than  twenty- 
five  dollars  and  not  exceeding  five  hundred  dollars,  in  the  dis- 
cretion of  the  police  judge,  for  the  first  offense,  and  to  a  like  fine 
for  every  forty-eight  hours  such  person  shall  fail  to  comply  with 
the  provisions  of  this  ordinance,  or  continue  in  the  violation 
thereof.     [G.  0.  No.  817,  Sec.  2]. 

Sec.  235.  Superintendent  of  buildings  to  order  removal  of 
wooden  buildings. — Whenever  any  wooden  building  shall  be 
erected,  enlarged  or  removed,  or  in  process  of  erection,  enlarge- 
ment or  removal  contrary  to  the  provisions  of  this  ordinance, 
upon  information,  it  shall  be  the  duty  of  the  superintendent  of 
buildings  to  issue  an  order  to  the  owner,  occupant,  person  in 
charge  or  builder  thereof,  to  have  such  building  taken  down  or 
removed  to  some  place  outside  the  fire  limits  forthwith ;  and  upon 
the  refusal  or  neglect  of  such  person  to  comply  with  the  require- 
ments of  such  order  within  forty-eight  hours  after  having  re- 
ceived the  same,  the  superintendent  of  buildings  shall  cause  said 
buildings  to  be  removed,  and  the  expense  thereof  may  be  recov- 
ered of  the  owner  of  such  building  by  suit.  [R.  0.  1897.  Chap. 
30,  Art.  2,  Sec.  7] . 

Sec.  236.  Lumber  yard  excluded. — No  person  or  persons 
shall  keep  a  lumber  yard  for  the  sale  of  lumber  upon  any  prem- 
ises within  the  fire  limits  of  either  class  which  are  not  now  legally 
occupied  for  that  purpose,  under  a  penalty  upon  the  person  of 
persons  keeping  the  same,  of  fifty  dollars  for  every  offense,  and 
a  like  penalty  for  every  week  the  same  shall  be  allowed  to  remain. 
[R.  O.  1897,  Chap.  30,  Art.  2,  Sec.  8]. 


312 


REVISED  ORDINANCES. 


CHAP.  XV. 


ARTICLE     III. 


FIRE  ESCAPES. 


Section 

237.     What    buildings    must    be    pro- 
vided witli  fire  escapes. 
Duty    of   owner    to   provide    es- 
capes. 
Of  "whiat   and   liow   constructed. 
Penalty    for    failing    to    provide 
escapes. 


238. 


239. 

240. 


Section 

241.  Rope   or  ladder   to   be  provided 

in  hotel. 

242.  Balcony,  etc.,  to  be  provided  in 

certain  cases. 

243.  Notice  of,  to  be  posted  in  room. 

244.  Penalty  for  violating  ordinance. 


Sec.  237.     What  buildings  must  be  provided  with  fire  escapes. 

— All  buildings  within  the  corporate  limits  of  the  city  of  St. 
Joseph  three  stories  high  or  over,  wherein  ten  or  more  persons  are 
employed  or  are  accustomed  to  remain  for  a  period  of  two  hours 
or  more  during  the  day  or  night,  and  all  tenement  nouses, 
three  stories  high  or  over,  occupied  by  five  families  or  more,  or 
lodging  or  boarding  houses  three  stories  high  or  over,  occupied 
by  ten  or  more  lodgers  or  boarders,  and  all  drug  houses,  liquor 
stores,  distilleries,  breweries,  chemical  works  and  buildings  where 
combustible  materials  are  kept  and  stored  temporarily  or  per- 
manently, three  stories  high  or  over,  and  all  manufactories  three 
stories  high  or  over  wherein  ten  or  more  persons  are  employed 
to  work,  and  all  opera  houses,  theaters,  hotels,  public  halls,  lodge 
rooms,  museums,  lecture  rooms,  public  libraries  and  buildings  used 
for  places  of  amusement  of  any  kind,  or  buildings:  wherein 
crowds  of  people  are  invited  to  assemble  for  any  purpose,  and  all 
buildings  three  stories  high  or  over,  occupied  for  office  purposes, 
and  all  hospitals  or  convents,  and  all  buildings  three  stories  high 
or  over  where  persons  are  employed  to  labor  in  any  capacity  to 
the  number  of  ten  or  more,  shall  be  provided  with  fire  escapes 
as  described  in  this  ordinance.  [R.  0.  1897,  Chap.  30,  Art.  3, 
See.  11. 


Sec.  238.  Duty  of  owner  to  provide,  etc. — It  shall  be  the 
duty  of  the  owner  or  any  person  in  charge  of  any  house  or  Tiuild- 
ing  mentioned  in  the  next  preceding  section,  upon  the  passage  of 
this  ordinance  and  within  thirty  days  after  he  shall  have  been 
notified  in  writing  so  to   do  by  the  superintendent  of  buildings 


ART.  III.  FIRE  ESCAPES.  313 

of  the  city  of  St.  Joseph,  to  erect  or  cause  to  be  erected,  at  least 
two  fire  escapes  upon  such  buildings  as  herein  provided.  [R.  O. 
1897,  Chap.  30,  Art.  3,  Sec.  2] . 

Sec.  239.  Constmction  of  fire  escapes.— The  fire  escapes 
shall  be  a  permanent  iron  or  metal  ladder  securely  attached  to 
the  building-,  at  least  eighteen  inches  wide  and  set  at  least  six 
inches  away  from  the  wall,  and  at  each  story  to  be  provided  with 
a  balcony  or  landing  at  least  three  feet  square,  so  as  to  be  access- 
ible from  the  window  or  door  thereof;  such  ladder  shall  be  long 
enough  and  so  placed  as  to  begin  three  feet  above  the  top  of  the 
building  and  extend  downward  to  within  fourteen  feet  of  the 
ground.  The  fire  escape  shall  be  placed  on  the  front  or  two  op- 
posite sides,  or  near  the  end  of  the  building  where  the  greatest 
number  of  openings  are,  and  so  as  to  be  accessible  from  such 
openings.      [R.  0.  1897,  Chap.  30,  Art.  3,  Sec.  3]. 

Sec.  240.  Penalty  for  failing  to  provide  escape. — Any  person 
owning  any  such  building  as  described  in  this  ordinance,  or  any 
person  in  charge  thereof  as  agent  or  otherwise,  who  shall  fail  to 
comply  with  the  provisions  of  this  ordinance,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars.      [R.  0.  1897,  Chap.  30,  Art.  3,  Sec.  4] . 

Sec.  211.     Rope   or  ladder  to  be  provided  in  hotel. — It  is 

hereby  made  the  duty  of  every  keeper  or  proprietor  of  every  hotel 
or  lodging  house  in  this  city  of  over  two  stories  in  height,  to  pro- 
vide and  securely  fasten  in  every  lodging  room  above  the  second 
story  which  has  an  outside  window  and  is  used  for  the  accom- 
modation of  guests  or  employes,  a  rope  or  rope  ladder  for  the 
escape  of  the  lodgers  therein  in  case  of  fire,  of  at  least  one  inch 
in  diameter,  which  shall  be  securely  fastened  within  such  room, 
as  near  a  window  as  practicable,  and  of  sufficient  length  to  reach 
therefrom  to  the  ground  on  the  outside  of  such  hotel  or  lodging 
house,  and  made  of  strong  material  and  as  secure  against  becom- 
ing inflamed  as  practicable.  Such  rone  or  rope  kdder  shall  be 
kept  in  good  repair  and  condition.  In  lieu  of  a  rope  or  rope 
ladder  there  may  be  substituted  any  otlier  appliance  that  may 
be  deemed  of  equal  or  greater  utility  by  the  chief  engineer  of 


314  REVISED  ORDINANCES.  CHAP,  XV. 

the  lire  department;  but  such  appliance  shall  in  all  cases  be  so 
constructed  as  to  be  under  the  control  and  management  of  any 
lodger  in  such  room.      [R,  0.  1897,  Chap.  30,  Art.  3,  Sec.  5]. 

Sec.  242.     Balcony,  etc.,  to  be  provided  in  certain  cases. — 

Every  hotel  or  lodging  house  in  this  city  over  two  stories  in  height, 
shall  be  provided,  without  delay,  with  permanent  iron  balconies 
Avith  iron  stairs  leading  from  one  balcony  to  the  other,  to  be  placed 
at  the  end  of  each  hall  above  the  second  story,  in  case  such  hotel 
is  over  one  hundred  and  fifty  feet  in  length,  and  in  other  cases 
such  number  as  may  be  directed  by  the  chief  engineer  of  the  fire 
department.  Such  balconies  and  iron  stairs  shall  be  constructed 
at  the  expense  of  the  owner  of  such  hotel  or  lodging  house.  [R. 
0.  1897,  Chap.  30,  Art.  3,  Sec.  6]. 

Sec.  243.  Notice  of,  to  be  posted  in  room. — It  shall  be  the 
duty  of  every  such  proprietor  or  keeper  of  any  hotel  or  lodging 
house,  to  post  notices  in  every  such  room  of  such  hotel  or  lodging 
house,  calling  attention  to  the  fact  that  this  ordinance  has  been 
complied  with,  and  the  part  of  such  room  where  such  coil  of 
rope  or  rope  ladder  is  fastened ;  also  the  location  of  the  iron 
balconies  and  stairs.      [R.  0.  1897,  Chap.  30,  Art.  3,  See.  7] . 

Sec.  244.  Penalty  for  violating  ordinance. — Any  violation  of 
any  of  the  provisions  of  this  ordinance  shall  be  deemed  a  misde- 
meanor, and  any  person  convicted  thereof  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars.      [R.  0.  1897,  Chap.  30,  Art.  3,  Sec.  8]. 


ART.  IV. 


PREVENTION  OF  FIRES. 


815 


ARTICLE     IV. 


PREVENTION  OF  FIRES. 


Section 

245.  Power   of   chief   of  fire    depai  t- 

ment. 

246.  Stoves;     how    erected. 

247.  Regulation  of  stove  pipes. 

248.  Ignition      of      combustibles      in 

street. 

249.  Lighted  lamps  and  candles. 

250.  Stacking    of    combustible    sub- 

stances. 

251.  Fire  carried  through  streets. 

252.  Stove  or  furnace  to  be  on  plat- 

form. 


Section 

253.  Spark    arrester    in    blacksmith 

shops. 

254.  Fires     in    shops    to     be     extin- 

guished. 

255.  Shavings,    regulations    concern- 

ing. 

256.  Nitro-glycerine  not  to  be  kept. 

257.  Discharging  firearms,  etc.;  per- 

mit for. 

258.  Penalty. 


Sec.  245.  Power  of  chief  of  fire  department. — The  chief  of 
the  fire  department  sliall  have  power  to  require  all  persons  to 
correct,  remove  or  abate  any  state  of  things  done,  caused,  suf- 
fered or  permitted  by  them  in  violation  of  the  provisions  of  this 
ments,  to  correct,  remove  or  abate  the  same  themselves,  calling 
if  necessar}^  the  assistance  of  the  police ;  and  all  costs  attending 
their  action  in  sue':  case  shall  be  recovered  against  the  parties 
offending.      [E.  0.  1897,  Chap.  30,  Art.  4,  Sec.  1] . 

Sec.  246.  Stoves — how  erected. — No  person  shall  in  this  city 
set  up  or  use  a  stove,  the  top  or  any  side  of  which  shall  be  within 
two  feet  of  any  part  of  the  wood  work  of  the  wall  or  partition 
of  any  building,  without  protecting  such  woodwork  with  a  me- 
tallic covering,  so  as  to  effectually  prevent  the  same  from  taking 
;;re  from  such  stove.      [R.  0.  1897,  Chap.  30,  Art.  4,  Sec.  2]. 


Sec.  247.  Regulation  of  stove  pipes.— In  all  cases  in  this 
city  where  a  stove  pipe  projects  or  passes  through  the  woochvork 
of  a  building,  the  pipe  shall  be  separated  from  such  roof  or  wood- 
work at  least  six  inches  by  sheet  iron  or  other  incombustible 
material,  and  shall  project  above  or  beyond  the  roof  or  wall  of  a 
wooden  building,  as  the  case  may  be,  at  least  four  feet.  [R.  0. 
1897,  Chap.  30,  Art.  4,  Sec.  3]. 


316  REVISED  ORDINANCES.  CHAP.  XV. 

Sec.  248.  Igiiition  of  combustibles  in  streets. — No  hay, 
straw,  shavings  or  otlier  combustible  mattei-  shall  be  set  tire  to 
or  burned  in  any  street,  alley  or  other  thoroughfare  or  public 
place  in  this  city  nearer  than  sixty  feet  to  any  house,  bam,  shed 
or  other  building,  unless  by  the  direct  permission  in  writing  or 
superintendence  of  the  chief  of  the  fire  department.  [R.  0.  1897, 
Chap.  30,  Art.  4,  Sec.  4] . 

Sec.  249.  Lighted  lamps  and  candles. — No  lighted  candle 
or  lamp  shall  be  used  in  any  stable  or  other  place  or  building 
in  this  city  where  hay,  straw  or  other  combustible  material  shall 
be  kept,  unless  the  same  shall  be  well  secured  in  a  lantern.  [R. 
0.  1897,  Chap.  30,  Art.  4,  Sec.  5]. 

Sec.  250.  Stacking  of  combustible  substances. — No  person 
or  persons  shall  deposit  or  stack  any  ha}^,  straw  or  other  com- 
bustible substance  within  sixty  feet  of  any  dwelling  house,  stable, 
out  house  or  building  of  any  description  in  this  city,  without 
first  having  obtained  written  permission  from  the  chief  of  the  fire 
department.      [R.  0.  1897,  Chap.  30,  Art.  4,  Sec.  6]. 

Sec.  251.  Fire  carried  through  streets. — No  person  shall 
carry  fire  in  or  through  any  street  or  alley  or  other  thoroughfare 
in  this  city,  except  the  same  be  placed  or  covered  in  some  close 
or  secure  pan  or  other  vessel.  [R.  0.  1897,  Chap.  30,  Art.  4, 
Sec.  7]. 

Sec.  252.  Stove  or  furnace  to  be  on  platform. — Any  person 
setting  up  any  stove  or  furnace  in  any  building  in  this  city,  shall 
place  the  same  on  a  platform  of  brick,  sheet  iron  or  other  fire- 
proof material,  extending  at  least  six  inches  in  every  direction 
beyond  the  part  of  the  lower  plate  which  fronts  the  door  of  the 
stove  or  furnace.      |R.  0.  1897,  Chap.  30,  Art.  4,  Sec  8J. 

Sec.  253.  Blacksmith  shops  shall  have  spark  arrester. — The 
chimneys  or  flues  of  every  blacksiiiitb  shoj^  or  forge  in  this  city 
shall  have  a  fire-spark  arrester  of  woven  wire  j^laeed  on  the  top 
or  within  snid  chimneys  or  flues,  ;is  may  bo  dii-eeted  by  the  chief 
of  the  fire  department,  and  such  part  of  all  such  shops  shall  be 
plastered  as  said  chief  may,  in  his  discretion,  deem  necessary  to 
guard  against  fire.     [R.  0.  1897,  Chap.  30,  Art.  4,  Sec.  9]. 


ART.  IV.  PREVENTION  OF  FIRES.  317 

Sec.  254.  Fires  in  shops  to  be  extinguished. — No  person 
shall,  in  this  city,  leave  fire  after  working  hours  in  any  shop,  un- 
less the  same  be  well  secured,  so  that  no  building  or  other  prop- 
erty may  be  endangered  thereby.     [R.  0.  1897,  Chap.  30,  Art.  4, 

Sec.  10]. 

Sec.  255.  Shavings — regulations  concerning. — Every  person 
keeping  or  occupying  a  shop  or  other  building  in  this  city,  wherein 
shavings  or  other  combustible  materials  are  made,  accumulate  or 
may  be  contained,  shall  clear  or  remove  the  same  out  of  such 
building  and  the  yards  belonging  thereto  at  least  once  in  each 
week,  and  at  any  other  time  when  directed  by  the  chief  of  the  fire 
department  so  to  do ;  provided,  such  shop  or  other  building  is 
situated  within  one  hundred  feet  of  any  other  building.  [R.  0. 
1897,  Chap.  30,  Art.  4,  Sec.  11]. 

Sec.  256.  Nitro-glycerine  not  to  be  kept. — No  person  shall 
manufacture,  bring  or  keep  in  this  city  any  nitro-glycerine  in  any 
quantity  whatever,  under  a  penalty  of  not  less  than  fifty  dollars 
for  every  such  offense,  and  a  like  penalty  for  every  hour  the  same 
shall  be  kept  in  violation  of  this  section.  [R.  0.  1897,  Chap.  30, 
Art.  4,  Sec.  12] . 

Sec.  257.  Discharging  firearms — permit  for. — No  person 
shall  in  this  city  fire  or  discharge  any  cannon,  gun,  fowling  piece, 
pistol  or  firearm  of  any  description,  or  fire,  explode,  or  set  off  any 
squib,  cracker  or  other  thing  containing  powder  or  other  combus- 
tible or  explosive  material  without  permission  from  the  common 
council,  or  written  permission  from  the  mayor,  which  permission 
shall  limit  the  time  of  such  firing,  and  shall  be  subject  to  be  re- 
voked by  the  mayor  or  common  council  at  any  time  after  it  has 
been  granted.     [R.  0.  1897,  Chap.  30,  Art.  4,  Sec.  13]. 

Sec.  258.  Penalty. — ^Any  person  who  shall  fail  or  neglect  to 
comply  with  any  or  either  of  the  foregoing  requirements  of  this 
ordinance,  or  who  shall  violate  any  section,  clause  or  provision  of 
any  of  the  preceding  sections  thereof,  where  no  penalty  is  specially 
imposed,  shall,  on  conviction,  pay  a  fine  of  not  less  than  two  dol- 
lars nor  more  than  fifty  dollars.  [R.  0.  1897,  Chap.  30,  Art.  4, 
Sec.  14]. 


318 


KEVISED  ORDINANCES. 


CHAP.  XV. 


ARTICLE     V 


STORAGE  OF  COMBUSTIBLES. 


Sectiox 

259.  Storage     of     phosphorus,      coal 

oil,  etc. 

260.  Tvlay  be  stored;  where. 

261.  Oil  must  be  confined,  when. 


Section 

262.  Lighter    fluids,    storage    of. 

263.  Night  watch  to  be  kept,  when. 

264.  Penalty. 


Sec.  259.  Phosphorus,  coal  oil,  etc.,  storage  of. — No  person, 
company  or  corporation  shall  keep  or  store  in  or  about  any  premi- 
ses owned  or  occupied  by  them,  within  the  limits  of  this  city,  ex- 
cept as  hereinafter  provided,  for  retail,  jobbing  or  other  purposes, 
any  of  the  following  articles  in  greater  quantities  than  are  herein 
specified :  Ten  pounds  of  phosphorus,  five  barrels  of  coal  oil,  two 
barrels  of  naphtha,  one  barrel  of  benzine,  gasoline  or  any  other  oil 
or  fluid  of  whatever  name  that  is  in  whole  or  part  the  product  of 
petroleum ;  and  such  oil  or  fluid  iiiust  be  of  the  approved  state 
standard,  duly  inspected  and  stamped  by  the  proper  officer.  [R. 
O.  1897,  Chap.  30,  Art.  5,  Sec.  1]. 

Sec.  260.  May  be  stored,  where. — Nothing  contained  in  this 
ordinance  shall  be  so  construed  as  to  exclude  any  person,  com- 
pany or  corporation  from  storing  coal  oil  of  the  approved  state 
standard  in  lots  not  to  exceed  three  hundred  barrels  outside  of  the 
fire  limits  of  the  first  and  second  class  in  houses  that  are  located 
at  least  one  hundred  and  fifty  feet  from  any  building  of  any  kind 
whatever,  except  railroad  depots  located  one  hundred  and  fifty 
feet  from  other  buildings.      [R.  0.  1897,  Chap.  30,  Art.  5,  Sec.  2]. 


Sec.  261.  Oil  Must  be  confined,  when. — The  ground  sur- 
rounding any  building  in  which  coal  oil  is  stored,  as  provided  in 
section  260  of  this  ordinance,  shall  be  so  arranged  that  in  case  of 
fire  or  other  accident  the  oil  therein  contained  shall  be  confined 
within  a  radius  of  fifty  feet  from  the  center  of  the  building  or 
tank  containing  such  coal  oil.  [R.  0.  1897,  Chap.  30,  Art.  5, 
Sec.  3]. 


ART.  V.  STORAGE  OF  COMBUSTIBLES.  319 

Sec.  262.  Lighter  fluids  to  be  kept,  how. — Oils  and  fluids 
lighter  than  the  state  standard  that  have  not  been  inspected  and 
stamped  shall  not  be  stored  in  quantities  to  exceed  seventy-five 
barrels,  and  then  only  in  strictly  fireproof  buildings  outside  of  the 
fire  limits  of  the  first  and  second  class,  and  located  at  least  one 
hundred  and  fifty  feet  from  any  other  building,  and  the  ground 
surrounding  it  must  be  prepared  in  all  respects  as  provided  for  in 
reference  to  coal  oil  in  the  next  preceding  section.  [E.  0.  1897, 
Chap.  30,  Art.  5.  Sec.  4]. 

Sec.  263.  Night  watch  to  be  kept,  when. — Any  person,  com- 
pany or  corporation  storing  coal  oil  within  the  city,  as  permitted 
by  section  260  of  this  ordinance,  is  hereby  required  to  keep  a 
watchman  or  guard  from  sunset  until  sunrise  of  the  following  day, 
on  each  and  every  night  such  oil  may  be  so  stored,  stationed  at  or 
about  the  place  of  storage,  whose  duty  it  shall  be  to  guard  said  oil 
and  give  alarm  of  danger  therefrom  in  case  of  fire.  [R.  0.  1897, 
Chap.  30,  Art.  5,  Sec.  5] . 

Sec.  264.  Penalty. — Any  person,  company  or  corporation 
violating  any  of  the  provisions  of  the  preceding  sections  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  fined  in  any  sum  not  to  exceed  two  hun- 
dred dollars.      [R.  0.  1897,  Chap.  30,  Art.  5,  Sec.  6]. 


320  REVISED  ORDINANCES.  CHAP.  XV. 


ARTICLE     VI. 

FIREMEN'S   PENSION   FUND. 


Section 

267.     Authority  for  this  act. 


Section 

265.  Pension  fund — how  created. 

266.  Auditor    to    draw     warrant 

payment. 

Sec.  265.  Pension  fund — how  created. — There  is  hereby  set 
apart  one  per  centum  of  all  revenue  received  for  municipal  pur- 
poses by  the  city  of  St.  Joseph  from  licenses  issued  by  said  city 
for  the  present  fiscal  year,  and  each  year  hereafter,  as  a  fund  for 
the  pensioning  of  crippled  and  disabled  members  of  the  fire  de- 
partment of  said  city,  and  of  the  widows  and  orphans  of  deceased 
firemen.     [G.  0.  No.  767,  Sec.  1]. 

Sec.  266.  Auditor  to  draw  warrant  in  payment. — It  shall  be 
the  duty  of  the  auditor  of  the  city  each  month  to  draw  his  warrant, 
payable  to  the  treasurer  of  the  "board  of  trustees  of  the  fireman's 
fund, ' '  for  all  moneys  in  the  city  treasury  set  apart  as  provided  in 
section  265  of  this  ordinance.      [G.  0.  No.  767,  Sec.  2]. 

Sec.  267.  Authority  for  this  act. — This  ordinance  is  passed 
pursuant  to  the  powers  granted  to  cities  of  the  second  class  under 
and  by  the  provisions  of  section  6411  of  the  Revised  Statutes  of 
Missouri,  1899,  and  pursuant  to  the  authority  granted  by  the  peo- 
ple of  the  city  of  St.  Joseph  at  the  election  heretofore  held  for  that 
purpose.      [G.  0.  No.  767,  Sec.  3] . 


GARBAGE. 


321 


CHAPTER     XVI 


GARBAGE. 


Section 

268.     Garbage    mover    shall    register, 
etc. 
Charges  regulated. 
Suitable  vehicle  required;    must 
bear  label;    inspection  of,  etc. 
Occupants     of    buildings     must 
provide  receptacle,  etc. 


269. 

270. 


271. 


Section 

272.  Penalty    for    throwing    garbage 

in  street. 

273.  May  dispose  of  garbage,  how. 

274.  Penalty. 

275.  Dead  animals — board  of  health 

to    contract    for    removal    of 
same. 


Sec.  268.  Garbage  mover  shall  register,  etc. — No  person,  as- 
sociation or  corporation  shall  engage  in  removing  or  collecting 
garbage,  dead  animals,  offal,  manure,  ashes  and  other  refuse,  offen- 
sive and  filthy  matter,  or  shall  be  allowed  to  remove,  transport 
or  haul  the  same  through  the  streets  of  the  city  of  St.  Joseph  with- 
out first  having  registered  with  the  clerk  of  the  board  of  health 
his  residence,  description  of  cart,  vehicle  or  other  receptacle  used 
to  remove  garbage,  and  the  district  or  locality  said  cart,  vehicle 
or  other  receptacle  is  to  be  used  in ;  and  each  person  or  corpora- 
tion so  engaged  shall  be  subject  to  the  rules,  conditions  and  re- 
strictions hereinafter  contained.      [R.  0.  1897,  Chap.  31,  Sec.  1]. 


Sec.  269.  Charges  regulated. — No  person,  corporation  or  as- 
sociation shall  charge  to  exceed  fifty  cents  per  month  for  removing 
garbage  from  a  five-room  residence  nor  more  than  one  dollar  per 
month  for  removing  garbage  from  a  residence  containing  over  five 
rooms.      [G.  0.  No.  834,  Sec.  2] . 

Sec.    270.     Suitable    vehicle    required  —  inspection    of. — All 

tanks  hauling  wet  garbage,  slops,  contents  of  privy  ,  aults  and 
cesspools  shall  be  made  of  steel  or  iron  not  less  than  three  feet  in 
diameter,  twenty-six  inches  high  and  eight  feet  long,  constructed 
and  arranged  so  as  to  be  water  tight,  and  prevent  leaking,  drop- 
ping or  scattering  of  their  contents,  and  so  as  to  prevent  the  es- 
cape of  odors  and  effluvia  therefrom.  Each  tank  thereon  shall 
bear  on  both  sides  thereof  a  prominent  sign  "city  garbage."  All 
wagons     hauling     wet     garbage,     slops,     contents     of      privy 

vaults  and  cesspools  shall  have  a  wagon  box  not  less  than  twenty- 
si 


322  REVISED  ORDINANCES.  CHAP.  XVI. 

eight  inches  high,  three  feet  wide  and  eight  feet  long,  completely 
lined,  with  a  tight  galvanized  iron  lid,  constructed  and  arranged 
so  as  to  be  water  tight  and  to  prevent  the  leaking,  dropping  or 
scattering  of  their  contents,  and  so  as  to  prevent  the  escape  of 
odors  and  effluvia  therefrom.  Each  wagon  box  thereon  shall 
bear  on  both  sides  thereof  a  prominent  sign  "city  garbage." 
All  wagons  hauling  manure,  cinders,  ashes  and  paper,  etc., 
shall  have  a  tight  wagon  box  not  less  than  thirty  inches  high, 
three  feet  wide  and  eight  feet  long,  constructed  and  arranged  so 
as  to  prevent  dropping,  leaking  and  scattering  of  the  contents, 
and  so  as  to  prevent  the  escape  of  odors  and  effluvia  therefrom. 
Each  wagon  shall  be  provided  with  a  heavy  wooden  or  metal 
cover,  which  shall  completely  cover  the  load  and  be  securely  fast- 
ened. Each  wagon  thereon  shall  bear  on  both  sides  thereof  a 
prominent  sign  "city  garbage."  In  removing  dead  animals  they 
shall  be  placed  on  drays  or  carts  covered  from  sight,  and  shall  not 
be  dragged  on  the  ground.  All  tanks  and  garbage  wagons  shall 
at  all  times  be  subject  to  the  inspection  of  the  health  oft'ieer  and 
sanitary  inspectors,  and  if  in  their  judgment  any  vehicle  should 
prove  defective  he  shall  have  the  power  to  prohibit  the  use  of 
same  until  put  in  proper  repair.     [G.  0.  No.  834,  Sec.  3] . 

Sec.  271.  Occupants  must  provide  receptacle  and  remove 
garbage. — It  shall  be  the  duty  of  each  and  every  occupant  of  any 
dwelling  house,  shop,  store  room,  office  or  other  room  or  building 
in  which  fire  is  or  may  be  kept,  or  in  and  about  any  kitchen  gar- 
bage, offal  or  other  refuse  matter  of  any  kind  may  accumulate, 
to  place  such  oft'al,  garbage,  ashes  or  other  refuse,  off'ensive  or 
filthy  matter  in  metallic  cans,  with  a  tight  metallic  lid,  and  also 
for  manure,  ashes,  etc.,  a  tight  covered  box,  to  be  provided  by 
such  occupant  for  such  purpose,  and  place  the  same  in  the  rear  of 
the  premises  of  such  occupant,  or  at  such  other  place  as  not  to 
cause  offense  or  annoyance,  and  so  as  to  be  reasonably  accessible 
for  the  purpose  of  removal,  and  it  is  hereby  made  the  duty  of  such 
occupant  to  remove,  or  cause  to  be  removed,  all  such  garbage, 
ashes,  offal,  refuse  or  filthy  material  not  less  than  twice  each  week 
during  the  months  of  May,  June,  July,  August  and  September, 
and  during  the  remainder  of  the  year  once  each  week,  and  upon 
failure  or  refusal  of  any  snch  occupant  to  remove  or  cause  to  be  re- 
moved such  garbage  or  refuse  material  according  to  the  provis- 
ions hereof,  said  occupant  or  occupants  shall  be  deemed  guilty  of 


GARBAGE.  323 

a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  to  exceed  two  hundred  dollars  for  each  and  every  offense. 

[G.O.  No.  834,  Sec.  4]. 

Sec.  272.  Penalty  for  throwing  garbage  in  street. — It  is 
hereby  made  unlawful  for  any  person  or  persons  to  throw  or  cause, 
permit  or  authorize  to  be  thrown  or  deposited  in  or  upon  any 
street  or  alley  in  the  city  of  St.  Joseph  any  garbage,  manure  or 
ashes,  offal,  night  soil,  refuse,  offensive,  filthy  or  putrid  matter  of 
any  kind  whatever,  or  to  cause,  to  allow  or  permit  to  be  thrown, 
accumulate  or  remain  upon  his  or  her  premises  any  such  garbage 
or  refuse  matter  so  as  to  cause  a  stench  or  any  nuisance  there- 
from, and  any  person  or  persons  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  less  than  one  dollar 
and  not  more  than  twenty  dollars  for  each  and  every  offense.  [R. 
0.  1897,  Chap.  31,  Sec.  5]. 

Sec.  273.  May  dispose  of  garbage,  how. — Any  person,  asso- 
ciation or  corporation  having  complied  with  the  provisions  of  this 
ordinance  shall  be  entitled  to  use  or  dispose  of  any  garbage  or 
other  refuse  material,  except  the  carcasses  of  dead  animals  col- 
lected by  him  or  it,  as  not  to  cause  a  nuisance.  [G.  O  No.  629, 
Sec.  6]. 

Sec.  274.  Penalty. — It  is  hereby  declared  to  be  unlawful  for 
any  person,  association  or  corporation  to  engage  in  collecting,  re- 
moving or  transporting  along  the  streets  in  St.  Joseph  any  gar- 
bage, offal,  manure,  ashes,  dead  animals  or  refuse,  offensive,  filthy 
or  putrid  matter  of  any  kind  whatever  without  having  first  com- 
plied with  all  the  rules,  restrictions  and  conditions  contained  in 
this  ordinance,  and  any  person,  association  or  corporation  so  of- 
fending shall  be  deemed  guilty  of  a  misdemeanor,  and  on  being 
convicted  of  such  oft'ense  shall  be  fined  in  the  sum  of  not  less  than 
five  dollars  nor  more  than  twenty  dollars  for  each  offense.  [R.  O, 
1897,  Chap.  31,  Sec.  7]. 

Sec.  275.  Dead  animals — board  of  health  authorized  to  con- 
tract  for  removal  of. — The  board  of  health  is  hereby  authorized 
and  directed  to  contract  for  the  free  removal  of  the  carcasses  of 
all  dead  animals  lying  on  the  streets,  alleys  or  public  places  of  the 


324  REVISED  ORDINANCES.  CHAP.  XVI. 

city  of  St.  Joseph  or  on  private  premises  therein  for  a  term  of  not 
exceeding  five  years  from  the  date  of  the  contract.  It  shall  be 
the  duty  of  the  police  department  to  notify  the  contractor,  his 
servants  or  agents  of  the  whereabouts  of  every  animal  carcass 
which  they  may  find,  or  the  existence  of  which  within  the  city  lim- 
its they  may  be  informed,  as  soon  as  possible,  and  within  six  hours 
of  daylight  time,  after  his  being  so  notified  or  receiving  notice  of 
such  fact,  it  shall  be  the  duty  of  said  contractor  to  remove  the 
same.  Any  failure  on  the  part  of  said  contractor  to  remove  the 
carcass  of  any  dead  animal  within  the  time  so  specified  shall  be 
deemed  a  misdemeanor,  and  upon  the  conviction  thereof  he  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  twenty-five 
dollars  for  each  and  every  offense.  The  contractor  appointed  by 
the  board  of  health  shall  have  the  exclusive  right  to  remove  and 
dispose  of  the  carcass  of  any  dead  animal  found  lying  upon  the 
streets,  alleys  or  public  places  of  the  city  of  St.  Joseph,  or  on  pri- 
vate premises  therein  not  removed  by  the  owner  within  six  hours 
of  daylight  time  after  the  death  of  such  animal.  Any  person  or 
persons,  co-partnership  or  corporation  violating  any  of  the  provis- 
ions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  and  every  offense.  [G.  0.  No.  629, 
Sec.  8]. 


GUNPOWDER.  325 


CHAPTER     XVII. 

GUNPOWDER. 


Section 

276.  Storage     of     gunpowder     regu- 

lated. 

277.  Sign    to  be  kept   at   door;     sold 

when. 

278.  Must  be   secured  when  carried. 

279.  Same;    In  vehicles. 


Section 

280.  Penalty  for  unlawfully  conceal- 

ing. 

281.  Search  wan  ant  to  issue. 

282.  Police  to  report  violations. 


Sec.  276.  Storage  of  gunpowder  regulated. — Not  exceeding 
three  pounds  of  gunpowder  shall  be  kept  or  stored  by  any  person 
in  any  store,  dwelling,  building  or  other  place  within  this  city,  ex- 
cept that  retailers  or  venders  of  gunpowder,  in  small  quantities, 
may,  for  that  purpose,  keep  any  quantity  not  exceed^'ng  thirty 
pounds:  Provided,  that  the  same  be  kept  in  air  tight  tm  or  metal 
canisters,  or  stone  jars,  with  good  and  closely  fitted  and  well 
secured  covers  thereon ;  and,  provided  further,  that  such  quan- 
tities of  gunpowder  as  may  be  required  for  the  supply  of 
wholesale  dealers,  making  up  bills  for  the  country  trade,  may 
be  brought  into  the  city  and  kept  therein  from  powder  mag- 
azines or  depots  outside  the  city  between  the  hours  of  seven 
o'clock  in  the  morning  and  six  o'clock  in  the  evening,  but 
during  no  other  hours,  and  the  same  shall  be  kept  in  airtight  tin 
or  metal  canisters  or  stone  jars,  as  above  provided,  and  placed  in 
some  building  or  zinc  covered  box  separated  from  or  outside  the 
regular  place  of  business.  Any  person  violating,  neglecting  or  re- 
fusing to  comply  with  any  provisions  herein  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in 
a  sum  not  exceeding  one  hundred  dollars.  [R.  0.  1897,  Chap.  32, 
Sec.  1]. 

Sec.  277.  Must  keep  sign  at  door — not  to  be  sold,  when. — 
Every  merchant  keeping  gunpowder  for  sale  shall  keep  a  sign  at 
the  front  door  of  his  place  of  business  with  the  words  ''powder 
for  sale,"  painted  or  printed  thereon  in  letters  at  least  three 
inches  in  height ;  and  no  person  shall  sell  or  weigh  any  gunpowder 
after  the  lighting  of  lamps  in  the  evening,  unless  in  sealed  canis- 
ters or  cases,  under  a  penalty  of  ten  dollars  for  every  such  offense. 
[R.  0.  1897,  Chap.  32,  Sec.  2]. 


326  REVISED  ORDINANCES.  CHAP.  XVII. 

Sec.  278.  Must  be  secured  when  carried. — No  person  shall 
convey  or  carry  any  gunpowder  (exceeding  two  pounds  in  quan- 
tity), through  any  street,  alley  or  other  thoroughfare  in  this  city 
in  any  cart,  carriage,  wagon,  dray,  wheelbarrow  or  otherwise, 
unless  the  said  gunpowder  be  secured  in  tight  cases,  canisters  or 
kegs  well  headed  and  hooped,  sufficient  to  prevent  such  gunpow- 
der from  being  spilled  or  scattered,  under  a  penalty  of  twenty  dol- 
lars for  every  such  offense.      [R.  0.  1897,  Chap.  32,  Sec.  3] . 

Sec.  279.  Same;  in  vehicles. — Any  person  having  charge  of 
any  vehicle  carrying  more  than  twenty-five  pounds  of  gunpowder, 
and  shall  have  such  vehicle  with  the  gunpowder  thereon  within 
the  limits  of  this  city  for  a  longer  time  than  one  hour,  and  any 
person  who  shall  suffer  more  than  one  keg  of  twenty-five  pounds 
of  gunpowder  in  his  charge  to  be  upon  any  street,  alley  or  side- 
walk longer  than  thirty  minutes  shall,  in  either  case,  forfeit  and 
pay  a  sum  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 
[E.  0.1897,  Chap.  32,  Sec.  4]. 

Sec.  280.  Penalty  for  unlawfully  concealing. — Whoever  shall 
knowingly  bring  within  the  limits  of  this  city  any  quantity  of 
gunpowder  concealed  in  a  box,  barrel,  parcel,  package  or  other 
thing  marked  and  purporting  to  be  other  than  gunpowder  shall 
forfeit  and  pay  one  hundred  dollars,  and  the  gunpowder  so  con- 
cealed shall  be  forfeited  and  seized,  and  sold  by  the  chief  of  police, 
and  the  proceeds,  after  paying  the  expenses  of  said  sale,  shall  be 
paid  into  the  city  treasury.      [R.  0.  1897,  Chap.  32,  Sec.  5] . 

Sec.  281.  Search  warrant  to  issue. — If  any  affidavit  be  pre- 
sented to  the  judge  of  the  police  court  showing  probable  cause  to 
believe  any  person  keeps,  has,  possesses  or  conceals  any  gunpow- 
der in  violation  of  this  chapter,  he  shall  issue  to  the  chief  of  police 
a  search  warrant,  commanding  him  to  search  any  place  therein 
designated  in  quest  of  such  gunpowder,  which  warrant  shall  be 
forthwith  rigidly  executed.     [R.  0.  1897,  Chap.  "^2,  Sec  6]. 

Sec.  282.  Officers  to  report  violations. — It  shall  be  the  duty 
of  the  officers  of  the  police  and  fire  department  to  report  all  vio- 
lations of  this  chapter  which  may  come  to  their  knowledge  to  the 
city  attorney  for  prosecution.     [R.  0.  1897,  Chap.  32,  Sec.  7]. 


ART.  I. 


BOARD  OF  HEALTH. 


327 


CHAPTER    XVIII 


HEALTH  DEPARTMENT. 


Article 

Article 

I.     Board  of  Health. 

VI.     City  dispensary. 

II.     Health  officer. 

VII.     Mortuary  records. 

ni.     Clerk  of  Board  of  Health. 

VIII.     Vital  statistics. 

rv.     Sanitary  Inspector. 

IX.     Quaiantine. 

V.     City  Hospital. 

X.     Adulteration  of  foods 

ARTICLE     I. 


BOARD  OF  HEALTH. 


Section 

283.  Board  of  Health;    members. 

284.  Headquarters  of  Board. 

285.  Quorum;     meetings. 

286.  Accounts;      how    approved    and 

certified. 


Section 

287.  Powers. 

288.  Board    shall    visit    hospital    and 

workhouse. 


Sec.  283.  Board  of  health — members.— There  shall  be 
created  in  and  for  the  city  of  St.  Joseph  a  board  of  health,  which 
board  shall  be  composed  of  three  members  of  the  common  council, 
who  shall  be  appointed  each  year  by  the  president  of  the  council 
and  the  following  members,  who  shall  be  ex-officio  members  of 
said  board :  The  chief  of  police,  health  officer,  who  shall  be  sani- 
tary superintendent,  assistant  health  officer,  sanitary  inspector, 
plumbing  inspector  and  the  clerk  of  said  board.  [G.  0.  No.  854, 
Sec.  1]. 

Sec.  284.  Headquarters  of  board. — A  suitable  office  shall  be 
provided  by  the  city  for  the  board  of  health  and  its  members. 
Such  office  shall  be  at  the  headquarters  of  the  clerk  of  said  board 
and  the  sanitary  and  plumbing  inspectors.  [G.  0.  No.  854,  Sec. 
2]. 

Sec.  285.  Quorum — meetings. — A  majority  of  said  board  of 
health  shall  constitute  a  quorum  for  the  transaction  of  business. 
Said  board  shall  meet  at  least  once  a  week,  or  at  any  time  on  the 
call  of  their  president.     [G.  0.  No.  854,  See.  3]. 


328  REVISED  ORDINANCES.  CHAP.  XVIII. 

Sec.  286.  Accounts — ^how  approved  and  certified. — Before 
any  money  is  paid  out  the  account  therefor  shall  be  examined  and 
approved  by  a  majority  of  said  board,  signed  by  the  president  and 
attested  by  the  clerk ;  and  such  account,  when  so  signed,  approved 
and  certified,  shall  be  audited  by  the  auditing  committee  of  the 
common  council  in  the  same  way  as  other  accounts  are  audited 
and  allowed.     [G.  O.  No.  854,  Sec.  4]. 

Sec.  287.  Powers. — Said  board  shall  cause  any  avenue, 
street,  alley  or  other  passagewaj^  whatever  to  be  fenced  up  or  oth- 
erwise enclosed,  if  they  shall  think  the  public  safety  '-equires  it, 
and  shall  adopt  suitable  measures  for  preventing  any  person  from 
going  to  or  coming  from  any  part  of  the  city  so  enclosed ;  and 
shall  direct  any  bedding,  clothing,  putrid  or  unsound  meat,  beef, 
pork,  fish,  hides  or  skins  of  any  kind,  or  any  other  article  or  thing 
found  within  said  city,  which,  in  their  opinion,  may  be  dangerous 
to  the  public  health,  to  be  destroyed  in  such  manner  as  they  shall 
direct,  in  which  event  said  board  shall  order  the  removal  or  de- 
struction of  such  article  or  things;  and  any  person  who  shall  in 
any  manner  resist,  hinder  or  obstruct  any  officer  or  person  in  the 
execution  of  such  order  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  854,  Sec.  5]. 

Sec.  288.  Board  shall  visit  hospital  and  workhouse. — The 
board  of  health  shall  visit  the  city  hospital  and  city  workhouse 
at  least  as  often  as  once  each  month,  and  shall  inspect  said  build- 
ings thoroughly,  and  see  that  they  are  kept  in  a  clean  and 
healthy  condition.      [G.  0.  No.  854,  Sec.  6]. 


ART.  II. 


HEALTH  OFFICER. 


329 


ARTICLE     II. 


HEALTH   OFFICER. 


Section 

289.  Appointment  by  mayor;    tenure 

of  office. 

290.  To     have     general     supervision 

over  city. 

291.  Shall  give  medical  attention  to 

city  patients. 

292.  Supervision  duiing  existence  of 

epidemic. 

293.  Shall  visit  city  workhouse. 

294.  Shall  keep   a   record   of   deaths, 

etc. 

295.  Shall  attend  indigent  sick,  resi- 

dent  in   city. 

296.  Shall  assist  city  counselor. 


Section 

297.     Assistant  health  officer. 

Duties  of  assistant. 

Same;  treatment  of  smallpox 
and  contagious  diseases. 

Shall  require  report  of  practic- 
ing physicians. 

Shall  quarantine  house  and 
place  card  thereon;  penalty 
for  resistance. 

May  lemove  patients  to  Emer- 
gency Hospital — when. 

Shall  fumigate  buildings  under 
direction  of  Board  of  Health. 


298. 
299. 


300. 


301. 


302. 


303. 


Sec.  289.  Appointment  by  mayor — tenure  of  olfice. — The 
mayor  shall  at  the  beginning  of  the  fiscal  year  1906,  and  every 
two  years  thereafter,  appoint  a  competent  physician  as  health 
officer,  who  shall  hold  his  office  for  a  period  of  two  years,  or  until 
his  successor  is  appointed  and  qualified,  and  the  present  incumb- 
ent shall  continue  in  office  that  time.  The  salary  of  the  health 
officer  shall  be  such  as  is  or  may  hereafter  be  provided  by  ordi- 
nance.    [G.  0.  No.  856,  Sec.  1]. 

Sec.  290.  To  have  general  supervision  over  city. — It  shall  be 
the  duty  of  the  health  officer  to  exercise  a  general  supervision  over 
the  sanitary  condition  of  the  city  and  to  order  the  removal  of  all 
nuisances  that  are  dangerous  to  the  health  of  the  community. 

[G.O.  No.  856,  Sec.  2]. 

Sec.  291.     Shall  give  medical  attention  to  city  patients. — The 

health  officer  shall  care  for  the  city  patients  and  shall  give  them 
good  medical  attention,  and  shall  see  that  they  are  properly  pro- 
vided with  food  and  clothing ;  provided  that  this  section  shall  not 
be  construed  to  include  citj^  patients  afflicted  with  contagious  dis- 
eases.    [G.  0.  No.  856,  Sec.  3]. 

Sec.  292.     Supervision  during  existence    of    epidemic. — He 

shall  exercise  general  supervision  over  the  city  during  the  exist- 
ence of  any  epidemic  or  the  prevalence  of  any  dangerous  disease, 
particularly  smallpox.     [G.  0.  No.  856,  Sec.  4]. 


330  REVISED  ORDINANCES.  CHAP.  XVIII. 

Sec.  293.  Shall  visit  city  workhouse.  He  shall  visit  the  hos- 
pital and  city  workhouse  as  often  as  his  services  may  be  required, 
and  shall  see  that  they  are  kept  in  a  clean  and  healthy  (Condition, 
and  that  the  inmates  are  properly  cared  for  and  rendered  as  com- 
fortable as  possible.     [G.  0.  No.  856,  Sec.  5] . 

Sec.  294.  Shall  keep  a  record  of  deaths,  etc. — He  shall  keep 
a  record  of  all  deaths  at  the  hospital,  the  name,  age,  sex,  nation- 
ality, etc.     [G.  0.  No.  856,  Sec.  6]. 

Sec.  295.  Shall  attend  indigent  sick,  resident  in  city. — It  is 
hereby  made  the  duty  of  the  health  officer  or  assistant  health  offi- 
cer to  attend  any  and  all  cases  of  indigent  sick  who  have  resided 
within  the  city  limits  not  to  exceed  twelve  months  whenever  called 
upon  without  compensation.  In  urgent  cases,  and  when  the  health 
officer  or  assistant  health  officer  for  any  reason  cannot  attend, 
the  mayor  is  authorized  and  empowered  to  employ  another  physi- 
cian for  immediate  attendance  at  the  expense  of  the  city.  Bills 
for  expense  thus  incurred  to  be  approved  by  the  mayor  and  for- 
warded to  the  board  of  hpaith  for  payment  as  other  bills  are  paid 
by  such  board.      [G.  O.  No.  856,  See.  7]. 

Sec.  296.  Shall  assist  city  counselor. — It  is  hereby  made  the 
duty  of  the  health  officer  to  assist  the  city  counselor  in  personal 
injury  suits  brought  against  the  city.  He  shall  visit  persons  who 
may  have  been  injured  on  the  streets  or  sidewalks  of  the  city 
when  notified  to  do  so  by  the  city  counselor,  and  shall  ascertain 
the  nature  and  circumstances  of  the  injuries  received.  [G.  0.  No. 
856,  See.  8] . 

Sec.  297.  Assistant  health  officer. — The  mayor  is  authorized 
and  empowered  to  appoint  a  competent  physician  as  assistant 
health  officer,  who  shall  receive  as  compensation  for  his  services 
the  sum  of  $75  per  month,  and  who  may  be  discharged  at  any  time 
by  the  mayor.     [G.  0.  No.  856,  Sec.  9] . 

Sec.  298.  Duties  of  assistant.— It  shall  be  the  duty  of  the 
assistant  health  officer  to  assist  the  health  officer  to  look  after  the 
sanitary  condition  of  the  city  and  to  order  the  removal  of  all  nui- 
sances dangerous  to  the  health  of  the  community.  [G.  0.  No.  856, 
Sec.  10]. 


ART.  II.  HEALTH  OFFICER.  331 

Sec.  299.  Same;  treatment  of  smallpox  and  contagious  dis- 
eases.— The  assistant  health  officer  shall  treat,  take  charge  of  and 
care  for  all  cases  of  smallpox  and  other  contagious  diseases.  [G. 
0.  No.  856,  Sec.  11]. 

Sec.  300.     Shall  require  report  of  practicing-  physicians. — He 

shall  require  every  practicing  physician  in  the  city  to  report  to 
him  in  writing  any  case  of  cholera,  smallpox,  measles,  diphtheria, 
scarlet  fever  or  any  other  contagious  or  infectious  disease  that 
may  be  under  his  or  her  care  or  observation  immediately  after 
such  is  known  to  be  the  case,  stating  the  name  of  the  patient  and 
where  located.  Any  physician  failing  to  report  as  required  by 
this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  O. 
No.  856,  Sec.  12]. 

Sec.  301.  Shall  quarantine  house  and  place  cards  thereon — 
penalty  for  resistance. — He  shall,  immediately  after  receiving  such 
notice  or  knowing  of  such  case  from  any  other  information,  quar- 
antine the  house  where  patient  is  found  and  place  on  outside  and 
in  front  thereof  a  card  with  the  name  of  the  disease  printed 
thereon,  so  as  to  warn  the  public  against  entering  the  premises. 
Any  person  who  shall  resist  the  officer  while  he  is  engaged  in  plac- 
ing a  card  marked  as  aforesaid  on  such  house,  or  any  person  who 
shall  remove  or  cause  to  be  removed  such  card  after  it  is  placed  on 
such  house,  without  first  obtaining  the  consent  of  said  officer,  shall 
be  deemed  guilty  of  a  misdemeanor.      [G.  0.  No.  856,  Sec.  13] . 

Sec.  302.  Shall  remove  patient  to  emergency  hospital, 
when.— He  shall  remove  any  case  of  contagious  or  infectious  dis- 
ease to  the  emergency  hospital  whenever  it  can  be  judiciously  and 
safely  done ;  but  when  in  his  judgment  it  cannot  be  safely  done, 
or  when  the  patients  will  not  be  removed  from  their  own  house, 
he  shall  in  addition  to  quarantining  and  marking  the  house  take 
such  other  precautionary  measures  as  will  secure  the  safety  of 
both  the  family  and  the  public.     [G.  0.  No.  856,  Sec.  14] . 

Sec.  303.  Shall  fumigate  building  under  directions  of  board 
of  health. — It  is  hereby  made  the  duty  of  the  assistant  health  offi- 
cer to  disinfect  or  fumigate  buildings  or  other  places  of  habitation 
wherein  any  cases  of  contagious  disease  may  have  been  housed; 
and  he  shall  have  the  power  to  cause  such  buildings  or  places  to 
be  vacated  by  the  occupants  or  inhabitants  thereof  for  such  pur- 
pose ;  and  he  shall  perform  such  duty  under  the  direction  of  the 
board  of  health.      [G.  0.  No.  856,  Sec.  15]. 


332 


REVISED  ORDINANCES. 


CHAP.  XVIII. 


ARTICLE     III 


CLERK  OF  BOARD  OF  HEALTH. 


Section 

304.  Board     of     health     to     appoint 

clerk. 

305.  Shall  attend  all  meetings,  keep 
records,    etc.;     bond;     salary. 

306.  Additional  duties;    inspection  of 

milk,  etc. 

307.  Same;      duty    to    enforce    ordi- 

nance relating  to  adulteration 
of  food,   etc. 


Section 
308.     Shall 


309. 


310. 
311. 


have  power  to  inspect 
upon  his  own  motion;  penalty 
for  refusal  to  allow  inspec- 
tion. 

Records;  where  kept;  open  to 
inspection. 

Shall  keep  accurate  accounts. 

Shall  pay  moneys  coming  into 
his   hands  into   city  treasury. 


Sec.  304.  Board  of  health  to  appoint  clerk. — The  board  of 
health  shall  appoint  a  clerk  to  the  board  of  health,  who  shall  be  a 
registered  pharmacist,  and  who  shall  hold  his  office  at  the  pleas- 
ure of  said  board.     [G.  6.  No.  857,  Sec.  1]. 

Sec.  305.  Shall  attend  all  meetings,  keep  records,  etc. — 
bond — salary. — The  clerk  of  said  board  shall  attend  all  meetings, 
record  its  proceedings  in  suitable  books,  sign  all  notices,  attest  all 
copies  of  papers  and  proceedings,  keep  a  strict  account  of  all 
moneys  and  effects  that  may  come  into  the  possession  of  said 
board,  and  do  and  perform  all  such  other  duties  as  may  be  re- 
quired of  him  by  said  board.  For  such  services  he  shall  receive  a 
salary  of  nine  hundred  dollars  per  year,  payable  monthly,  and  be- 
fore entering  upon  such  duties  he  shall  give  a  good  and  sufficient 
bond  to  the  city  of  St.  Joseph  in  the  sum  of  one  thousand  dollars, 
conditioned  as  the  bonds  of  other  city  officers,  which  bond  shall 
be  approved  by  the  comptroller.      [Gr.  0.  No.  857,  Sec.  2]. 

Sec.  306.  Additional  duties — inspection  of  milk,  etc. — In  ad- 
dition to  the  duties  required  of  him  by  the  ordinances  of  the  city 
he  shall  keep  such  records  as  are  provided  for  by  ordinance,  and 
such  other  records  as  may  be  necessary  for  recording  all  his  offi- 
cial acts,  and  shall  report  to  the  common  council  annually  of  all 
matters  pertaining  to  his  office.  In  such  reports  he  shall  correctly 
state  the  number  of  samples  of  ice,  milk,  cream  and  other  articles 
of  food  and  drink  submitted  to  him  for  examination  and  analysis, 
naming  the  officer  or  person  submitting  the  same,  and  the  result 
of  such  examination  and  analysis.      \G.  0.  No.  857,  See.  3]. 


ART.  III.  CLERK.  333 

Sec.  307.  Same — duty  to  enforce  ordinances  relating  to  adul- 
teration of  food,  etc. — He  shall  properly  and  accurately  inspect, 
examine  and  analyze  all  samples  of  any  and  every  article  of  food 
or  drink  submitted  to  him  by  any  officer  of  the  city  and  report  the 
result  of  such  inspection,  examination  and  analysis  with  all  possi- 
ble haste  to  the  officer  submitting  such  sample.  He  shall  endeavor 
in  every  way  to  have  enforced  strictly  and  rigidly  all  ordinances 
relating  to  the  adulteration  of  food,  milk,  etc.  |  G.  0.  No.  857. 
Sec.  4]. 

Sec.  308.  Shall  have  power  to  inspect  upon  his  own  motion — 
penalty  for  refusal  to  allow  inspection. — The  clerk  of  the  board 
of  health  shall  have  the  power  to  inspect  all  articles  of  food  and 
drink  wherever  located  that  may  be  sold  or  offered  for  sale,  and  to 
analyze  samples  on  his  own  motion.  Any  person  refusing  to  allow 
him  to  make  any  such  analysis  and  inspection  shall  be  deemed 
guilty  of  a  misdemeanor.     [G.  0.  No.  857,  Sec.  5]. 

Sec.  309.    Records,  where  kept — open  to  inspection. — The 

several  records  required  to  be  kept  by  the  clerk  of  the  board  of 
health  shall  be  kept  always  at  the  office  of  the  board  of  health  in 
charge  of  such  clerk.  Such  records  shall  always  be  open  for  the 
inspection  of  any  city  officer  or  other  person.  [G.  0.  No.  857, 
Sec.  6]. 

Sec.  310.  Shall  keep  accurate  accounts. — Said  clerk  shall 
keep  a  book  in  which  he  shall  enter  full  and  accurate  accounts  of 
all  expenses  incurred  by  authority  of  said  board,  specifying  the 
amounts,  why,  when  and  how  incurred,  and  for  what  purpose  ap- 
plied.    [G.O.  No.  857,  Sec.  7]. 

Sec.  311.  Shall  pay  moneys  coming  into  his  hands  into  city 
treasury. — All  moneys  coming  into  the  hands  of  the  clerk  of  said 
board  shall  be  paid  by  him  into  the  city  treasury  at  least  once  a 
month,  taking  triplicate  receipts  therefor,  one  of  which  he  shall 
file  with  the  comptroller,  one  with  the  auditor  and  the  other  to  be 
retained  by  himself.     [G.  O.  No.  857,  See.  8]. 


334 


REVISED   ORDINANCES. 


CHAP.  XVIII. 


ARTICLE     IV. 

SANITARY  INSPECTOR. 


Section 

312.  Office  created — salary. 

313.  Duties. 

314.  Same;    may    enter    premises    to 

make  inspection. 


Section 

315.     To  report  nuisances  to  clerk  of 
Board   of  Health. 


Sec.  312.  Office  created — salary. — There  is  hereby  created 
the  office  of  sanitary  inspector,  who  shall  be  appointed  by  the 
board  of  health,  and  who  shall  hold  his  office  at  the  pleasure  of 
said  board.  For  his  services  the  sanitary  inspector  shall  receive 
the  sum  of  nine  hundred  dollars  ($900.00)  per  year,  payable 
monthly.     [G.  O.  No.  855,  Sec.  1]. 

Sec.  313.  Duties. — It  shall  be  the  duty  of  the  sanitary  in- 
spector to  obey  all  orders  of  the  board  of  health,  all  orders  and  di- 
rections of  the  health  officer,  and  to  see  that  all  health  ordinances 
and  sanitary  regulations  of  the  city  are  rigidly  enforced.  He 
shall  devote  his  whole  time  and  attention  to  the  discharge  of  his 
official  duties,  and,  as  often  as  possible,  shall  inspect  every  por- 
tion of  the  city.  He  shall  have  full  power  to  compel  the  abate- 
ment and  removal  of  all  nuisances,  after  notice  is  given,  as  in  this 
ordinance  specified.  If  any  one  fails  to  comply  it  shall  be  the  duty 
of  said  sanitary  inspector  to  cause  his  immediate  arrest  and  pros- 
ecution before  the  police  court.  He  shall  see  that  all  complaints 
entered  in  his  office  are  promptly  attended  to,  see  that  the  city 
scavengers  conform  to  existing  ordinances  and  regulations  in  the 
removal  of  matters  offensive,  and  shall,  at  all  times,  be  in  readi- 
ness to  make  such  inspection  as  the  board  of  health  may  direct.  He 
shall  make  weekly  reports  to  said  board  of  his  official  actions, 
with  such  suggestions  for  their  consideration  as  his  experience 
may  dictate.     [G.  0.  No.  855,  Sec.  2]. 


Sec.  314.     Same — may  enter  premises  to  make  inspection. — It 

shall  be  the  duty  of  the  sanitary  inspector  whenever  he  shall  deem 
it  necessary  to  secure  the  public  health  to  enter  in  the  daytime  into 


ART.  IV.  SANITARY  INSPECTOR.  335 

the  house  or  upon  the  premises  of  any  person  within  this  city  to  as- 
certain the  existence  of  any  nuisance  therein,  or  thereon,  to  exam- 
ine into  the  condition  and  number  of  persons  in  such  house^  or 
upon  such  premises,  to  inspect  the  vaults,  cellars,  privies,  cess- 
pools and  drains  of  such  houses  or  premises,  and  to  cause  the  im- 
mediate dispersion  or  removal  of  families  or  persons  from  build- 
ings or  apartments  so  crowded  as  in  the  opinion  of  said  sanitary 
inspector  to  render  the  same  dangerous  to  the  health  of  such  fami- 
lies or  persons  or  to  the  public.     [G.  0.  No.  855,  Sec.  3]. 

Sec.  315.    To  report  nuisances  to  clerk  of  board  of  health. 

— The  sanitary  inspector  is  required  to  report  each  and  every 
ease  of  nuisance  to  the  clerk  of  the  board  of  health  within  twenty- 
four  hours  of  the  time  when  such  nuisance  is  noted  by  him  or 
brought  to  his  office.     [G.  0.  No.  855,  Sec.  4] . 


336  REVISED  ORDINANCES.  CHAP.  XVIII. 


ARTICLE     V. 

CITY  HOSPITAL. 

Section    316.     Hospital  established — purpose. 

Sec.  316.  Hospital  established — purpose. — There  is  hereby 
established  an  emergency  hospital  in  the  city  of  St.  Joseph.  It 
shall  be  maintained  at  public  expense  under  the  direoL  control 
and  supervision  of  the  board  of  health,  and  it  shall  be  for  the 
purpose  of  receiving  and  caring  for  persons  afflicted  with  con- 
tagious, infectious  and  malignant  diseases  who  may  be  removed 
there  by  the  board  of  health  or  health  officers.  [G.  0.  No.  853, 
Sec.  1]. 


ART.  VI. 


CITY  DISPENSARY. 


337 


ARTICLE     VI. 


CITY  DISPENSARY. 


Section     317.     Dispensary      established  —  how  conducted. 

Sec.  317.  Dispensary  established — how  conducted. — There 
is  hereby  established  in  and  for  the  city  of  St.  Joseph  a  free  dis- 
pensary, located  in  the  city  hall,  to  be  owned  and  operated  by 
the  city,  for  the  purpose  of  supplying  the  indigent,  under  the 
care  of  the  city  health  officer  and  assistant  health  officer,  with 
medicines.  The  clerk  of  the  board  of  health  shall  have  charge 
of  said  dispensary,  and  on  prescription  or  order  of  the  health 
officers  shall  issue  such  medicines  as  may  be  directed.  The  goods 
shall  be  purchased  of  some  good  and  reliable  wholesale  drug 
firm  at  wholesale  prices.  The  clerk,  when  desiring  to  replenish 
his  stocl^,  wiJl  get  an  order  from  the  city  health  officer  for  what 
he  considers  necessary  for  present  use.     [G.  O.  No.  849,  Sec.  1]. 


88 


338 


REVISED  ORDINANCES. 


CHAP.  XVIII. 


ARTICLE     VII. 

MORTUARY  RECORDS. 


Section 

318.  Burial     permit    must     be     pro- 

cured. 

319.  Body  not  to  be  interred  without 

permit. 

320.  Reports  to  be  made  by  sextons, 

etc. 

321.  Physicians  to  make  death  cer- 

tificates. 


Section 

322.  Health  officer  shall  give  certifi- 

cates, when. 

323.  Clerk    shall    report    neglect    of 

sexton  or  physician. 

324.  Sexton  to  keep  record. 

325.  Penalty. 


Sec.  318.  Burial  permit  must  be  procured. — All  undertakers, 
their  agents,  employes  or  other  persons  having  in  charge  a  body 
for  interment,  shall  before  burying  said  body  procure  a  burial 
permit,  signed  by  the  clerk  of  the  board  of  health,  and  shall 
deliver  the  same  to  the  sexton,  superintendent  or  person  in  charge 
of  the  cemetery  or  burial  place  of  said  body.  Such  permit  shall 
state  the  name,  age,  sex,  color,  nativity  and  place  of  death,  to- 
gether with  the  name  of  the  disease  of  which  such  person  died. 
[R.  O.  1897,  Chap.  33,  Art.  6,  Sec.  1]. 


Sec.  319.  Body  not  to  be  interred  without  permit. — No  sex- 
ton, sui^erintendent  or  other  person  in  charge  of  any  cemetery 
or  burial  place  in,  adjoining  or  within  two  miles  of  the  city  of  St. 
Joseph,  shall  without  such  burial  permit  allow  or  suffer  any  body 
to  be  interred  in  such  cemetery  or  burial  place.  [R.  0.  1897, 
Chap.  33,  Art.  6,  Sec.  2]. 

Sec.  320.  Reports  to  be  made  by  sextons,  etc. — Every  sex- 
ton, superintendent  or  other  person  in  charge  of  any  such  ceme- 
tery or  burial  place  shall  on  Saturday  of  each  week,  and  before 
the  hour  of  four  o'clock  p.  m.,  report  to  said  board  all  interments 
for  that  week,  and  at  the  same  time  shall  return  to  the  clerk  of 
said  board  all  burial  permits  for  such  week.  [R.  0.  1897,  Chap. 
33,  Art.  6,  Sec.  3]. 

Sec.  321.  Physicians  to  make  death  certificate. — The  coroner 
and  every  physician  practicing  medicine   in  this   city,   when  a 


ART.  VII.  MORTUARY  RECORDS,  339 

patient  dies  under  his  care,  shall  make  a  certificate  stating  the 
name,  age,  sex,  color  and  nationality,  together  with  the  disease 
of  which  person  died,  and  deliver  the  same  to  the  person  having 
the  body  in  charge  for  interment;  and  if  the  coroner  or  any 
physician  shall  neglect  or  refuse  to  make  such  certificate  and 
deliver  the  same  to  the  person  in  charge  of  the  body  for  burial, 
he  shall  be  subject  to  a  fine  of  not  to  exceed  one  hundred  dollars, 
[R.  0.  1897,  Chap.  33,  Art.  6,  Sec.  4]. 

Sec.  322.  Health  officer  shall  give  certificate — when. — In  the 
event  of  there  having  been  no  physician  attending  the  person 
sought  to  be  interred,  it  shall  be  the  duty  of  the  family  or  friends 
of  the  deceased  to  apply  to  the  health  officer,  who  is  required 
upon  satisfactory  evidence  to  furnish  a  certificate  showing  the 
cause  of  death,  together  with  the  name,  age,  sex,  color  and  nation- 
ality, which  shall  be  delivered  to  the  person  having  the  body  in 
charge  for  interment.      [R.  0.  1897,  Chap.  33,  Art.  6,  Sec.  5]. 

Sec.  323.  Clerk  shall  report  neglect  of  sexton  or  physician. 
—It  shall  be  the  duty  of  the  clerk  of  the  board  of  health  to  report 
to  the  city  attorney  all  sextons,  overseers  or  persons  in  charge 
or  having  control  of  any  cemetery,  and  physicians  who  shall  fail 
or  neglect  to  comply  with  the  provisions  of  the  five  next  pre' 
ceding  sections.     [R.  0.  1897,  Chap.  33,  Art.  6,  Sec.  6]. 

Sec.  324.  Sexton  to  keep  record.— The  clerk  of  the  board 
of  health  shall  furnish  each  sexton,  overseer  or  person  in  charge 
or  having  control  of  any  cemetery,  as  aforesaid,  with  a  blank 
book,  with  appropriate  columns  to  enter  the  facts  required  to  be 
recorded,  and  blanks  whereon  to  make  reports.  [R.  0.  1897, 
Chap.  33,  Art.  6,  Sec.  7] . 

Sec.  325.  Penalty.— Any  person  violating,  failing,  neglect- 
ing or  refusing  to  comply  with  any  provision,  regulation  or  re- 
quirement relating  to  the  next  preceding  seven  sections,  upon 
conviction  before  the  judge  of  the  police  court,  shall  be  fined  not 
to  exceed  fifty  dollars.     [R.  0.  1897,  Chap.  33,  Art.  6,  Sec.  8] . 


340  REVISED  ORDINANCES.  CHA.P.  XVIII. 


ARTICLE     VIII 

VITAL  STATISTICS. 


Section 

326.     Record  of  marriagtc.  births  and 
deaths. 


Section 

327.  Births  shall  be  reported. 

328.  Deaths  shall  be  leported. 


Sec.  326.  Record  of  marriages,  births  and  deaths. — The 
board  of  health  by  its  clerk  shall  keep  a  record  of  all  marriages, 
births  and  deaths  in  the  city,  as  provided  and  required  by  ordin- 
ance.    [R.  0.  1897,  Chap.  33,  Art.  7,  See.  1]. 

Sec.  327.  Births  shall  be  reported — penalty.— Every  physi- 
cian and  midwife  shall  report  within  ten  days  to  the  board  of 
health,  in  accordance  with  the  blanks  to  be  furnished  by  said 
board,  every  child  born  within  this  city  and  in  ease  no  physician 
or  midwife  attended  the  birth  of  such  child,  then  the  father  or 
mother  shall  make  such  report.  Any  person  violating,  failing, 
neglecting  or  refusing-  to  comply  with  any  provision,  regulation 
or  requirement  of  this  ordinance  shall  upon  conviction  thereof 
be  fined  in  a  sum  not  to  exceed  one  hundred  dollars.  [R.  0.  1897, 
Chap.  33,  Art.  7,  Sec.  2]. 

Sec.  328.  Deaths  shall  be  reported — penalty. — The  coroner 
of  Buchanan  county  and  every  physician  shall,  when  a  patient 
dies  under  his  care  within  this  city,  immediately  make  out  and 
deliver  to  the  clerk  of  the  board  of  health  a  certificate  stating 
the  name,  age,  sex,  color,  nativity  and  place  of  death,  together 
with  the  name  of  the  disease  of  which  said  person  died.  Any 
person  violating,  failing,  neglecting  or  refusing  to  comply  with 
any  provision,  regulation  or  requirement  of  this  ordinance  shall 
upon  conviction  thereof,  be  fined  in  a  sum  not  to  exceed  one 
hundred  dollars.     [R.  O.  1897,  Chap.  33,  Art.  7,  Sec.  3]. 


QUARANTINE 

Section 

boun- 

333. 

Physicians     at;      pay     of 

the 

agents;    nurses,    etc,    at 

ex- 

penses;   proviso. 

334. 

Regulations   to  be   obeyed. 

d  regu- 

335. 

Quarantine  fund. 

336. 

Penalty    for    violation    of 
and  regulations. 

rules 

ART.  IX.  QUARANTINE.  341 


ARTICLE     IX. 


Section 

329.  General        regulations, 

daries,    etc. 

330.  Police  at  quarantine. 

331.  Power  to  stop  at. 

332.  Power  to  make  rules  and  regu- 

lations governing. 


Sec.  329.  General  quarantine  regulations. — The  board  of 
health,  by  and  with  the  approval  of  the  mayor  and  common  coun- 
cil, may  select,  purchase,  lease  and  establish  such  sites,  places 
and  boundaries  for  quarantine  stations  and  purposes,  and,  with 
the  approval  of  said  mayor  and  council,  may  erect  from  time  to 
time  such  buildings  and  hospitals,  upon  such  sites  and  places, 
and  so  keep  the  same  in  repair  as  in  their  judgment  shall  be 
deemed  necessary;  and  the  said  board,  whenever  and  at  such 
times  as  by  them  it  shall  be  deemed  necessary,  may  by  procla- 
mation, the  approval  of  the  mayor  and  common  council  being 
first  had  and  obtained,  require  all  boats,  vessels,  railroad  cars 
or  other  conveyances  bound  for  this  city,  before  the  same  shall 
land  or  stop  at  any  wharf,  depot  or  landing  or  stopping  place 
therein,  to  touch  or  stop  at  either  of  the  sites,  places  or  boundaries 
so  selected  and  established  for  quarantine  purposes,  and  leave 
all  such  emigrants,  travelers  or  persons  recently  from  seaboard, 
and  all  such  sick,  diseased  or  unclean  persons,  with  their  stores 
and  baggage,  as  in  the  opinion  of  the  officers  stationed  at  such 
quarantine  sites,  places  or  boundaries,  shall  be  deemed  proper, 
on  account  of  the  existence  or  general  report  of  cholera,  ship 
fever  or  any  contagious  disease,  or  disease  apprehended  to  en- 
danger the  health  of  the  city;  and  whenever  it  shall  be  deemed 
necessary  to  issue  the  said  proclamation,  it  shall  be  the  duty  of 
the  said  board  to  send  the  same,  together  with  the  substance  of 
the  regulations  for  quarantine,  and  the  period  for  which  the 
same  shall  be  in  force,  unless  sooner  revoked,  to  such  cities  and 
places  as  by  them  shall  be  deemed  proper;  and  shall  also  cause 
to  be  stationed  at  such  quarantine  sites,  places  and  boundaries, 


342  REVISED  ORDINANCES.  CHAP.  XVIII. 

as  said  board  may  deem  advisable,  one  or  more  physicians  or 
health  officers,  whose  duty  it  shall  be  to  go  on  board  and  examine 
all  boats,  vessels,  cars  or  other  public  conveyances  required  to 
touch  or  stop  at  said  quarantines  respectively,  and  then  and  there 
determine  vrhat  emigrants,  passengers  or  persons,  if  any,  shall 
be  permitted  to  come  to  the  city,  and  what  emigrants,  passengers 
or  persons,  if  any,  shall  stop  at  such  quarantine ;  and  it  shall  be 
the  duty  of  all  persons  conducting  or  in  charge  of  any  such  vessel, 
boat,  car  or  public  conveyance,  to  aid  and  assist  any  physician 
or  health  officer,  so  as  aforesaid  stationed,  in  the  exercise  of  his 
duties ;  and  the  said  physicians  or  health  officers  shall  attend  to 
all  the  sick  persons  who  may  be  landed  or  placed  in  quarantine 
and  provide  medicines  and  necessaries  for  their  use,  and  shall 
have  general  supervision  of  such  quarantines  and  compel  persons 
therein  to  purify  their  bodies,  clothes  and  baggage,  and  do  all 
such  acts  and  things  as  shall  be  proper  in  the  premises ;  keeping 
correct  accounts  of  all  expenditures  and  wages,  which  shall  be 
allowed  and  paid  by  order  of  said  board;  and  whenever  the 
physician  or  official  in  charge  of  any  quarantine  station  or  place, 
as  aforesaid,  shall  upon  examination  be  satisfied  that  there  is  no 
longer  occasion  for  the  detention  of  any  boat,  vessel,  car  or  con- 
veyance at  such  quarantine  or  place  and  such  boat,  vessel,  car  or 
conveyance  shall  have  been  thoroughly  cleansed  and  such  per- 
sons, as  aforesaid,  landed  and  placed  in  the  care  of  such  physician 
or  officer,  such  physician  or  officer  shall  give  such  vessel,  boat, 
car  or  conveyance  a  permit,  signed  by  him,  to  enter  the  city, 
which  shall  be  ample  authority  for  the  entry  of  said  boat,  vessel, 
car  or  conveyance,  and  the  said  officers,  respectively,  shall  dis- 
charge all  persons  in  quarantine,  by  their  certificate  for  that 
purpose,  whenever  they  are  satisfied  that  such  persons  are  free 
of  disease,  and  their  baggage  and  effects  properly  purified ;  Pro- 
vided, however,  that  the  board  in  their  discretion,  by  proclama- 
tion for  that  purpose,  may,  during  the  prevalence  of  cholera, 
ship  fever  or  other  contagious  or  fatal  disease,  forbid  the  admis- 
sion of  emigrants  or  others  peculiarly  liable  thereto,  into  any  or 
all  of  said  quarantines  or  stations  until  in  their  opinion  the  health 
of  the  city  will  justify  the  same.  fR.  0.  1897,  Chap.  33,  Art.  8, 
Sec.  1]. 

Sec.  330.     Duty  of  police  to  arrest  persons  disobeying. — It 
shall  be  the  duty  of  said  board  whenever  by  them  it  shall  be 


ART.  IX.  QUARANTINE.  343 

deemed  necessary,  to  keep  at  the  quarantine  station  or  stations  a 
sufficient  police  force,  whose  duty  it  shall  be  to  enforce  all  regu- 
lations by  this  article  required,  or  by  said  board  to  be  established, 
and  to  arrest  all  persons  violating  said  regulations  or  committing 
any  breaches  of  the  peace,  and  bring  such  persons  before  the 
judge  of  the  police  court  of  the  city  for  trial,  and  to  arrest  and 
commit  for  trial  all  persons  disobeying,  interfering  with  or  re- 
sisting any  physician,  health  officer  or  other  person  in  authority 
at  such  quarantine  site,  place  or  station.  [R.  O.  1897,  Chap.  33, 
Art.  8,  Sec.  2]. 

Sec.  331.  Obedience  to  orders  may  be  enforced. — In  case 
any  boat,  vessel,  car  or  public  conveyance  shall  leave  any  quaran- 
tine station,  place  or  boundary  without  a  permit  as  aforesaid, 
or  shall  fail  to  stop  at  the  same  when  so,  as  aforesaid,  required  by 
the  issuing  of  the  proclamation,  or  whenever  the  person  in  charge 
thereof,  or  any  person  under  his  command,  shall  fail  or  refuse 
to  obey  any  regulation  or  command  of  said  board,  health  officer, 
physician  or  person  in  charge  of  any  quarantine  station  or  place, 
or  any  provision  or  requirement  of  this  article,  the  said  board 
shall  have  power,  and  it  is  hereby  made  their  duty,  if  in  their 
opinion  the  health  of  the  city  requires  it,  to  send  sufficient  police 
force  to  such  boat,  vessel,  car  or  public  conveyance,  and  cause 
the  same,  with  the  crew  and  passengers  on  board,  to  be  landed 
or  stopped,  or  conveyed  to  the  quarantine  station  or  place,  and 
there  remain  until  properly  discharged  by  the  permit,  as  afore- 
said ;  and  the  owner,  master  or  the  person  in  charge  of  such  boat, 
vessel,  ear  or  public  conveyance  shall  be  liable  to  the  city  for  all 
expenses  and  costs  incurred  by  reason  thereof;  and  if  any  emi- 
grant, traveler  or  person  so  placed  in  quarantine  as  aforesaid, 
shall  leave  the  same  without  permission  as  aforesaid,  he  may  be 
arrested  and  taken  back  to  said  quarantine,  and  there  retained 
until  such  permission  shall  be  given.  [R.  0.  1897,  Chap.  33,  Art. 
8,  Sec.  3]. 

Sec.  332.  Regulations  may  be  enforced. — The  said  board 
shall  make  such  rules  and  regulations  for  the  government  of  the 
quarantine  or  health  of  the  city  as  from  time  to  time  they  shall 
deem  necessary :  and  the  physicians  or  health  officers  in  charge  of 
any  quarantine  station  or  place,  shall  have  power  to  make  and 
enforce  such  regulations  as  may  be  necessary  for  the  proper  con- 
duct and  management  thereof;  and  it  shall  be  the  duty  of  all 


344  REVISED  ORDINANCES.  CHAP.  XVIII. 

persons  in  quarantine,  and  all  agents,  officers,  policemen  or  others 
employed  by  the  city  in  and  about  said  quarantine  stations  or 
places,  to  carry  out  and  obey  the  same.     [R.  0.  1897,  Chap.  33, 

Art.  8,  Sec.  4]. 

Sec.  333.     Board    to    employ    proper    agencies. — The    said 

board,  by  and  with  the  approval  of  the  mayor  and  common  coun- 
cil, may  appoint  one  or  more  competent  physicians  as  quarantine 
physician,  who  shall  be  present  at  such  quarantine  stations  as  the 
said  board  shall  designate,  and  at  such  times  as  said  board  shall 
direct,  and  attend  to  all  the  duties  imposed  by  this  article  or  by 
the  regulations  of  said  board,  who  shall  receive  each,  for  actual 
services  rendered,  and  for  such  time  as  such  services  shall  be 
actually  required,  not  less  than  five  dollars  nor  more  than  ten  dol- 
lars per  day,  to  be  allowed  by  the  said  board ;  also,  the  said  board 
may  employ  such  agents,  servants,  nurses  or  temporary  medical 
assistance,  for  the  purpose  of  carrying  into  effect  the  objects  and 
intents  of  this  article,  or  of  any  regulation  of  the  board,  as  in 
their  judgment  shall,  from  time  to  time,  be  necessary,  or  authorize 
the  employment  thereof,  by  the  physicians  or  health  officers  in 
charge  of  any  quarantine  or  station.  All  the  salaries,  wages  and 
expenses  in  this  section  contemplated  are  to  be  audited  and  al- 
lowed by  the  said  board;  and  when  so  allowed,  are  to  be  paid 
out  of  the  fund  set  apart  for  quarantine  purposes,  or,  in  case  of 
necessity,  out  of  the  contingent  fund  of  the  city;  Provided,  that 
when  practicable,  the  persons  taken  in  such  quarantine  or  stations, 
and  receiving  the  aid  and  care  afforded  thereby,  shall  each  pay 
a  sum  of  money  sufficient  to  meet  all  expenses,  labor  and  care 
incurred  in  his  behalf,  which  said  amounts  shall  be  faithfully 
kept,  reported  and  accounted  for  by  the  physician,  health  officer 
or  other  person  in  charge  of  said  quarantine  or  station,  to  the 
said  board ;  and  all  other  expenses  incurred  or  to  be  incurred  by 
reason  of  this  article  or  of  any  regulation  of  said  board,  shall  be 
paid  out  of  the  fund  set  apart  for  quarantine  purposes,  or,  when 
necessary,  out  of  the  contingent  fund  of  the  city.  [R.  O.  1897, 
Chap.  33,  Art.  8,  Sec.  5]. 

Sec.  334.    Regulations   to   prevent   spread  of  disease.— No 

person,  master,  captain  or  conductor  in  charge  of  any  boat,  vessel, 
railroad  car  or  public  conveyance,  shall  knowingly  bring  into  this 
city  any  person  or  persons  diseased  of  cholera,  smallpox,  ship 
fever  or  contagious  or  communicable  disease  whatsoever;   and 


ART.  IX.  QUARANTINE.  345 

no  vessel,  boat,  railroad  car  or  public  conveyance,  at  any  time 
covered  by  the  said  proclamation,  shall  pass  by  any  quarantine 
station  or  place  without  stopping,  nor  shall  leave  the  same  with- 
out the  permit  aforesaid;  and  no  person  stopping  in  said  quar- 
antine or  so  as  aforesaid  received  therein,  shall  leave  the  same 
without  first  obtaining  permission  as  aforesaid,  nor  shall  any 
person  aid  or  abet  any  master,  conductor,  or  person  in  charge 
of  any  boat,  vessel,  railroad  car  or  public  conveyance,  in  violating, 
neglecting  or  evading  any  provision  or  requirement  of  this  arti- 
cle; nor  shall  any  person  interfere  with,  resist,  neglect,  or  refuse 
to  obey  the  orders  of  any  physician,  health  officer,  policeman  or 
other  person  in  authority  at  any  quarantine  station  or  place  of 
quarantine,  so  as  aforesaid  established,  nor  do  any  act  or  thing 
in  violation  of  or  in  disobedience  to  any  of  the  provisions,  clauses 
or  sections  of  this  article,  nor  shall  commit  any  breach  of  the 
peace,  or  do  any  act  calculated  in  any  way  to  defeat  or  interfere 
with  the  provisions  or  requirements  of  this  article,  or  of  any 
regulation  of  the  said  board,  physician  or  officer  in  charge  of  any 
quarantine.     [R.  O.  1897,  Chap.  33,  Art.  8,  Sec.  6]. 

Sec.  335.  Application  of  money. — The  moneys  appropriated 
to  the  quarantine  fund  shall  be  faithfully  applied  by  the  said 
board  to  the  true  objects  and  purposes  of  its  appropriation,  and 
the  said  board  shall  make  reports  of  their  doings  and  expendi- 
tures to  the  mayor  and  common  council,  whenever  requested  so 
to  do.      [R.  0.  1887,  Chap.  33,  Art.  8,  Sec.  7]. 

Sec.  336.  Penalty  for  violating,  etc. — Any  master  of  a  ves- 
sel, conductor,  captain  or  person  whatsoever,  who  shall  violate 
any  clause,  provision,  requirement,  duty  or  regulation  of  this 
article,  or  of  any  rule  or  regulation  of  the  said  board,  or  physician 
or  health  officer  in  charge  of  any  quarantine,  or  who  shall  fail 
or  neglect  to  comply  with  any  such  clause,  provision,  require- 
ment, duty  or  orders,  or  who  shall  interfere  with  or  in  any  manner 
resist  any  officer  or  agent  of  the  city  in  the  discharge  of  his  duty, 
as  herein  contemplated,  or  who  shall  commit  any  breach  of  the 
peace  or  be  guilty  of  any  act  or  thing  calculated  to  defeat  or 
interrupt  the  carrying  into  effect  any  part  of  this  article,  or  any 
regulation  of  the  said  board,  in  cases  where  no  other  penalty  is 
provided,  on  conviction  shall  pay  a  penalty  of  not  less  than  one 
dollar  nor  more  than  one  hundred  dollars.  [R.  0.  1897,  Chap. 
33,  Art.  8.  Sec.  8]. 


346 


REVISED  ORDINANCES. 


CHAP.  XVIII. 


ARTICLE     X. 


ADULTERATION   OF   FOODS. 


Section 

337.  Adulterated    foods  —  sale — pen- 

alty, 

338.  Same  —  sale,     without     label  — 

penalty. 


Section 

339.     Same  —  offering 
penalty. 


to    boarder 


Sec.  337.  Adulterated  foods — sale — penalty. — Any  person 
who  shall,  in  this  city  sell,  offer  or  expose  for  sale  any  adulterated 
or  impure  milk,  butter,  lard,  honey,  maple  syrup,  maple  sugar, 
sorghum  or  apple  cider,  or  any  imitation  of  such  product  without 
informing  the  purchaser  or  person  to  whom  such  product  is  of- 
fered for  sale  of  the  fact  that  such  product  contains  such  adultera- 
tion or  impurity,  or  that  the  same  is  an  imitation  of  the  product 
for  which  it  is  offered,  shall  upon  conviction,  be  adjudged  to  be 
guilty  of  a  misdemeanor  and  fined  in  a  sum  not  exceeding  fifty 
dollars.     [G.  0.  No.  922,  Sec.  1]. 

Sec.  338.  Same — sale  without  label — penalty. — Any  person 
selling,  offering  or  exposing  for  sale  in  any  store,  shop,  booth, 
market  or  from  any  vehicle  in  this  city  any  adulterated  or  im- 
pure milk,  butter,  lard,  honey,  maple  syrup,  maple  sugar,  sorghum 
or  apple  cider,  or  any  imitation  of  any  of  said  products,  shall 
place  a  label  upon  the  box,  package,  can,  jar,  bottle  or  other 
receptacle  containing  such  product,  which  label  shall  be  printed 
in  the  English  buiguage  in  type  easily  read,  with  the  words: 
"adulterated,"  "impure"  or  "imitation,"  as  the  case  may  be, 
followed  by  the  name  of  the  product,  and  giving  the  name  or 
names  of  the  substance  or  mixture  used  in  said  product,  and 
every  person  violating  the  terms  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  in  a 
sum  not  to  exceed  fifty  dollars.     [G.  0.  No.  922,  Sec.  2]. 


Sec.  339.  Same — ofifering  to  boarder — penalty. — It  is  hereby 
declared  the  duty  of  every  ])roprietor  or  keeper  of  a  hotel,  board- 
ing-house or  restaurant  offering  to  any  boarder  or  guest  any 


ART.  X.  ADULTERATION  OF  FOOD.  347 

adulterated  or  impure  milk,  butter,  lard,  honey,  maple  syrup, 
maple  sugar,  sorghum  or  apple  cider,  or  any  imitation  of  any 
of  such  products,  to  keep  posted  in  a  conspicuous  place  a  sign, 
printed  in  the  English  language  in  type  easily  read,  from  each 
dining  table,  giving  the  names  of  such  adulterated  or  impure 
products  offered  to  boarders  or  guests,  or  such  as  are  imitations 
thereof,  and  any  such  proprietor  or  keeper  of  a  hotel,  boarding- 
house  or  restaurant  who  shall  violate  the  terms  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  a  sum  not  exceeding  fifty  dollars.  [6.  0.  No. 
922,  Sec.  3]. 


348 


REVISED  ORDINANCES. 


CHAP.  XIX. 


CHAPTER     XIX 


HIGHWAYS. 


Article 

I.     Names  of  streets. 
II.     Grades  of  streets. 

III.  Grading,    improvement  and  re- 

pair of  streets. 

IV.  Excavating   in   streets. 


Article 

V.     Obstruction    of    streets,    side- 
walks, etc. 
VI.     Classification   and   construction 
of  sidewalks. 
VII.     Repair   of   sidewal'o. 


ARTICLE     I. 


NAMES  OF  STREETS. 


Section 

340.  Streets     described    and    named 

shall  be  known  by  names 
herein  designated  in  all  rec- 
ords, acts  or  proceedings  of 
the  city. 

341.  Manner     of     describing     boun- 

daries of  streets  and  avenues. 


Section 
342-480. 


481-507. 


508-513. 


Streets,  avenuis  and  roads 
designated  by  names,  al- 
phabetically arranged. 

Streets  designaLed  by  num- 
b  e  r  s,  numerically  ar- 
ranged. 

Avenues  designated  by 
numbers,  numerically  ar- 
ranged. 


Sec.  340.  Streets  and  avenues  to  be  known  by  names  herein 
designated. — That  the  following  described  streets  and  avenues, 
in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  be  and  the 
same  are  hereby  designated  by  the  names  and  numbers  respec- 
tively given  thereto  as  hereinafter  set  forth :  Said  streets  and 
avenues,  from  and  after  the  passage  and  approval  of  this  ordin- 
ance, shall  be  known  by  such  names  and  numbers,  respectively, 
in  all  records,  acts  or  proceedings  of  the  mayor  and  common 
council  of  said  city  and  of  all  of  said  city's  officers  and  agents. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  1]. 

Sec.  341.  Manner  of  describing  boundaries  cf  street. — When 
bounding  the  streets  or  avenues  in  the  descriptions  set  forth  in 
this  ordinance,  by  blocks,  or  by  lots  or  blocks,  for  brevity's  sake, 
only  the  numbers  of  the  blocks,  or  of  the  lots  or  blocks,  at  the 
ends  of  the  street  or  at  the  boundaries  of  the  addition  through 
or  along  which  the  street  runs,  are  given,  the  numbers  of  the 
blocks  in  the  same  row,  tier  or  series,  and  intervening  between 
those  named,  are  omitted.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  2]. 


ART.  I.  NAMES  OF  STREETS.  349 

Streets  Designated  by  Names. 

Sec.  342.  Hansen  avenue. — The  street  commencing  on  the 
north  line  of  south  one-half  of  southeast  quarter  of  southeast 
quarter  of  section  16,  township  57,  range  35,  at  a  point  1,125  feet 
west  of  east  line  of  said  section,  tlience  running  southeast  and 
south  to  the  southeast  corner  of  northeast  quarter  of  northeast 
quarter  of  section  21,  township  57,  range  35,  shall  be  called  Hansen 
avenue.  The  same  extends  from  Jackson  street,  near  Twenty- 
sixth  street,  southeast  to  Walnut  street  at  the  east  city  limits, 
[G.  0.  No.  864,  Sec.  1]. 

Sec.  343.  Albemarle  street. — The  street  bounded  on  the 
north  by  blocks  62  and  69  St.  Joseph  Extension  addition,  and 
extending  from  Third  street  east  to  Ninth  street,  shall  be  called 
Albemarle  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  See.  4]. 

Sec.  344.  Alder  street.— The  street  bounded  on  the  west  by 
block  46  Eastern  Extension  addition,  and  extending  from  Mul- 
berry street  north  to  Clay  street,  shall  be  called  Alder  street.  [R. 
O.  1897,  Chap.  34,  Art.  1,  Sec.  5]. 

Sec.  345.  Angelique  street. — The  street  bounded  on  the 
north  by  blocks  37  and  57  original  town,  by  block  2  and  west  one- 
half  of  block  59  Smith's  addition,  by  blocks  31  and  28  Carter's 
addition,  by  blocks  32  and  29  Harris'  addition,  and  by  blocks  5 
and  23  Villarosa  addition,  and  extending  from  Third  street  east 
to  city  limits,  except  from  alley  between  Twelfth  and  Thirteenth 
streets  to  east  line  of  Smith's  addition,  shall  be  called  Angelique 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  6] . 

Sec.  346.  Antoine  street. — The  street  bounded  on  the  north 
by  blocks  2  and  15  Bellevue  addition  and  blocks  15  and  21  Robi- 
doux  addition,  and  extending  from  Sixth  street  west  to  city 
limits,  shall  be  called  Antoine  street.  [R.  O.  1897,  Chap.  34, 
Art.  1,  See.  7]. 

Sec.  347.  Ashland  avenue. — The  street  bounded  on  the 
northwest  by  blocks  1  and  5  Saxton  Heights  addition,  thence 
bounded  on  the  southeast  by  block  1  Linden  Heights  addition, 
and  extending  from  Frederick  avenue  northeast  to  the  east  city 
limits,  shall  be  called  Ashland  avenue.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  8]. 


350  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  348.  Atchison  street. — The  street  bounded  on  the  north 
by  blocks  17-4  and  168  South  St.  Joseph  addition,  by  block  1  Noble 
Tract,  by  Riley's  addition,  by  lot  5,  block  2  Noble  Tract,  and 
extending  from  Eleventh  street  west  to  the  Missouri  river;  also 
the  street  bounded  on  the  north  by  Sunnyside  addition,  by  Horn 
Heights  addition,  and  extending  from  Twelfth  street  east  to 
Nineteenth  street ;  also  the  street  bounded  on  the  north  by  blocks 
7  and  8  Gladstone  Heights  addition,  and  extending  from  Twenty- 
second  street  east  to  the  east  line  of  said  addition,  shall  be  called 
Atchison  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  9]. 

Sec.  349.  Auguste  street. — The  street  bounded  on  the  north 
by  blocks  7  and  21  Bellevue  addition,  by  blocks  47  and  65  Robi- 
doux  addition,  and  extending  from  Sixth  street  west  to  city 
limits,  shall  be  called  Auguste  street.  [R.  0.  1897,  Chap.  34,  Art. 
1,  See.  10] . 

Sec.  350.  Bartlett  street. — The  street  bounded  on  the  west 
by  blocks  169  and  86  South  St.  Joseph  addition,  by  blocks  23  and 
12  Bartlett  and  Russell's  addition,  by  block  2  Corby's  addition, 
by  block  2  Ege's  second  addition,  and  extending  from  Atchison 
street  north  to  the  north  line  of  Ege's  second  addition,  shall  be 
called  Bartlett  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  11]. 

Sec,  351.  Beattie  street. — The  street  bounded  on  the  north 
by  lot  16,  block  2  Smith  and  Lewis'  (1st)  addition,  by  blocks  16 
and  21  Highley's  addition,  by  blocks  5  and  6  Carbry's  addition, 
and  extending  from  Thirteenth  street  east  to  Twenty-second 
street,  shall  be  called  Beattie  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  12.] 

Sec.  352.  Belle  street. — The  street  bounded  on  the  north  by 
blocks  12  and  4  South  Park  addition,  by  blocks  5  and  6  Seymour's 
addition,  by  blocks  1  and  3  Thomas'  addition,  and  extending 
from  Sixteenth  street  east  to  Twenty-second  street,  shall  be  called 
Belle  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  13]. 

Sec.  353.  Bellevue  street. — The  street  bounded  on  the  east 
by  blocks  3  and  5,  Well's  addition,  by  blocks  1  and  7,  Bellevue 
addition,  by  blocks  1  and  4,  Western  addition,  and  extending  from 
the  Missouri  river  north  to  city  limits,  shall  be  called  Bellevue 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  14] . 


ART.  I.  NAMES  OF  STREETS.  351 

Sec.  354.  Bond  street. — The  street  bounded  on  the  north  by 
blocks  1  and  2,  South  Park  addition,  and  extending  from  Six- 
teenth street  east  to  Eighteenth  street,  shall  be  called  Bond  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  15]. 

Sec.  355.  Boyd  street. — The  street  bounded  on  the  north  by- 
lots  17  and  24,  block  2,  and  by  lot  10,  block  1,  North  St.  Joseph 
First  addition,  by  blocks  16  and  21,  North  St.  Joseph  Second  addi- 
tion, by  blocks  5  and  6,  Oakland  Park  addition,  and  extending 
from  Twelfth  street  east  to  Twenty-second  street,  shall  be  called 
Boyd  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  16] . 

Sec.  356.  Broadway. — The  street  bounded  on  the  south  by 
blocks  2  and  22,  Walker's  First  addition,  and  extending  from  St. 
Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Broadway.      [R.  0.  1897,  Chap.  34,  Art  1,  Sec.  17] . 

Sec.  357.  Buchanan  avenue. — The  street  bounded  on  the 
north  by  Landis  and  Hull  "s  addition  and  produced  thence  south- 
west across  block  1,  Harris'  Second  addition,  and  block  6b,  Smith's 
addition,  and  extending  from  a  point  on  Thirteenth  street  seventy 
feet  north  of  Faraon  street,  northeast  to  Kemper  street,  near  Clay 
street,  shall  be  called  Buchanan  avenue.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  18]. 

Sec.  358.  Catawba  street. — The  street  bounded  on  the  west 
by  block  2,  Dr.  S.  McDonald's  addition,  by  blocks  4  and  6, 
McCool's  addition,  by  blocks  16  and  14,  Walker's  First  addition, 
and  extending  from  Shady  avenue  north  to  Broadway,  shall  be 
called  Catawba  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  19]. 

Sec.  359.  Cedar  street. — The  street  bounded  on  the  north 
by  blocks  164  and  167,  South  St.  Joseph  addition,  and  extending 
from  Third  street  east  to  Sixth  street ;  also  the  street  bounded  on 
the  north  by  blocks  2  and  26,  Horn  Heights  addition,  and  extend- 
ing from  Fourteenth  street  east  to  Nineteenth  street^  shall  be 
called  Cedar  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  20] . 

Sec.  360.  Center  street. — The  street  bounded  on  the  north 
by  block  6,  South  Park  addition,  and  extending  from  Linwood 
avenue  east  to  Eighteenth  street,  shall  be  called  Center  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  21]. 


352  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  361.  Charles  street. — The  street  bounded  on  the  north 
by  blocks  19  and  59,  Original  Town,  by  blocks  4  and  42,  Smith's 
addition,  by  blocks  6  and  4,  Wilson's  addition,  by  blocks  23  and 
20,  Carter's  addition,  by  blocks  24  and  39,  Harris'  addition,  by 
blocks  3  and  21,  Villarosa  addition,  and  extending  from  the  Mis- 
souri river  east  to  the  city  limits,  shall  be  called  Charles  street. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  22] . 

Sec.  362.  Cherry  street. — The  street  bounded  on  the  north 
by  blocks  5  and  8,  St.  Joseph  Extension  addition,  and  extending 
from  Water  street  east  to  Third  street,  shall  be  called  Cherry 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  23] . 

Sec.  363.  Chestnut  street. — The  street  bounded  on  the  north 
by  blocks  13  and  16,  St.  Joseph  Extension  addition,  and  extending 
from  Water  street  to  Third  street,  shall  be  called  Chestnut  street. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  24] . 

Sec.  364.  Church  street. — The  street  bounded  on  the  south 
by  lot  2,  block  2,  Ghio's  addition,  by  lot  8,  block  1,  and  lot  9,  block 
2,  Rogers '  First  addition,  by  blocks  32  and  30,  St.  Joseph  Improve- 
ment addition,  and  extending  from  Ninth  street  east  to  Thirteenth 
street,  shall  be  called  Church  street.  [R.  0.  1897,  Chap.  34,  Art. 
1,  Sec.  25]. 

Sec.  365.  Clay  street. — The  street  bounded  on  the  south  by 
blocks  2  and  7,  Kemper's  addition,  by  Hedenberg's  First  addi- 
tion, by  blocks  20  and  17,  St.  Joseph  Eastern  Extension  addition, 
by  blocks  43  and  47,  Eastern  Extension  addition,  and  extending 
from  Kemper  street  east  to  Twenty-eighth  street,  or  east  city 
limits,  shall  be  called  Clay  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  26]. 

Sec.  366.  Colhoun  street.— The  street  bounded  on  the  north 
by  blocks  3  and  8,  Oliver,  Glass  and  Wilson's  addition  and  extend- 
ing from  Seventeenth  street  east  to  Frederick  avenue ;  also  the 
street  bounded  on  the  north  by  blocks  13  and  14,  Kemper's  addi- 
tion, by  blocks  5  and  8,  St.  Joseph  Eastern  Extension  addition, 
and  extending  from  Frederick  avenue  east  to  the  alley  of  Twenty- 
fifth  street,  shall  be  called  Colhoun  street.  (R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  27]. 


ART.  I.  NAMES  OF  STREETS.  353 

SiX".  367  Commercial  street. — The  street  bounded  on  the 
north  by  blocks  7  and  5  South  Park  addition,  by  blocks  3  and  4 
Seymour's  addition,  by  blocks  6  and  4  Thomas'  addition  and 
extending-  from  Sixteenth  street  and  Garfield  avenue  east  to 
Twenty-second  street,  shall  be  called  Commercial  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  28] . 

Si:r.  368.  Concord  street. — The  street  bounded  on  the  north 
by  blocks  3  and  12  iMcCool's  addition  and  extending-  from  St. 
Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Concord  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  29]. 

Si'X'.  369.  Corby  street. — The  street  bounded  on  the  north  by 
blocks  12  and  16  St.  Joseph  Improvement  addition,  by  blocks  3 
and  4  Rogers'  (2d)  addition,  and  extending  from  Sixth  street  east 
to  the  alley  east  of  Thirteenth  street,  shall  be  called  Corby  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  30]. 

Sec.  370.  Cudmore  street. — The  street  bounded  on  the  north 
by  blocks  4  and  6,  Cudmore  addition,  and  extending  from  the 
alley  west  of  Seventeenth  street  east  to  Nineteenth  street,  shall  be 
called  Cudmore  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  31]. 

Sec.  371.  Dearborn  street. — -The  street  bounded  on  the  west 
by  blocks  7  and  6,  Walker's  (1st)  addition,  and  extending  from  St. 
Joseph  avenue  north  to  Broadway,  shall  be  called  Dearborn  street. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  32]. 

Sec.  372.  Delaware  street. — The  street  bounded  on  the  north 
by  blocks  4  and  5  Saxton  Heights  addition  and  extending  from 
Twenty-sixth  street  east  to  Ashland  avenue,  shall  be  caUed  Dela- 
ware street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  33]. 

Sec.  373.  Diana  street. — -The  street  bounded  on  the  east  by 
blocks  6  and  3  Dr.  S.  McDonald's  addition,  by  blocks  7  and  9 
IMcCool's  addition,  by  blocks  17  and  19  Walker's  (1st)  addition 
and  extending-  from  the  south  line  of  Dr.  S.  McDonald's  addition 
north  to  Broadway,  shall  be  called  Diana  street.  [R  0.  1897, 
Chap.  34,  Art.  1,  Sec.  34]. 

83 


354  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  374.  Dolman  street. — -The  street  bounded  on  the  north 
by  blocks  28  and  33  St.  Joseph  Extension  addition,  and  extend- 
ing from  Water  street  east  to  Washington  avenue,  shall  be  called 
Dolman  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  35]. 

Sec.  375.  Doniphan  avenue. — The  street  bounded  on  the 
north  by  blocks  69  and  71  South  St.  Joseph  addition,  by  blocks 
11  and  12  Bartlett  and  Russell's  addition,  and  extending  from 
the  Missouri  river  east  to  Sixth  street;  also  the  street  bounded 
on  the  north  by  blocks  50  and  37  South  St.  Joseph  addition,  block 
2  Goodlive's  addition,  and  extending  from  the  west  line  of  said 
block  50  east  to  Fourteenth  street ;  also  the  street  bounded  on 
the  north  by  block  1  Donnell  Park  addition,  and  extending  from 
the  west  line  of  east  one-half  of  northwest  quarter  of  southeast 
quarter  of  southwest  quarter,  section  16,  township  57,  range  35, 
thence  east  to  Twentieth  street;  also  the  street  bounded  on  the 
north  by  blocks  2  and  3  Donnell  and  Saxton's  addition,  and  ex- 
tending from  Twenty-second  street  east  to  east  line  of  said  ad- 
dition ;  also  the  street  bounded  on  the  north  by  blocks  1  and  4 
Grandview  addition,  and  extending  from  Twenty-seventh  street 
east  to  Twenty-eighth  street,  shall  be  called  Doniphan  avenue.  [R. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  36]. 

Sec.  376.  Douglas  street. — The  street  bounded  on  the  north 
by  blocks  3  and  4  Finger's  addition,  by  blocks  9  and  12  North 
St.  Joseph  (1st)  addition,  hy  blocks  6  and  9  North  St.  Joseph  (2d) 
addition,  and  extending  from  the  west  line  of  Finger's  addition 
east  to  Eighteenth  street ;  also  the  street  bounded  on  the  north  by 
blocks  9  and  10,  Oakland  Park  addition,  and  extending  from  the 
west  line  of  said  addition  east  to  Twenty-second  street,  shall  be 
called  Douglas  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  37]. 

Sec.  377.  Dug-hill  road. — The  street  extending  from 
Auguste  street  to  the  alley  between  Water  and  Bellevue  streets 
northwest  to  the  west  city  limits  at  the  northwest  corner  of  lot 
7,  block  23,  Bellevue  addition,  shall  be  called  Dughill  road.  IK. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  38] . 

Sec.  378.  Duncan  street. — The  street  bounded  on  the  north 
by  blocks  66  and  67  South  St.  Joseph  addition,  and  extending 
from  the  Missouri  river  east  to  Fourth  street;  also  the  street 


ART.  I.  NAMES  OF  STREETS.  355 

bounded  on  the  north  by  blocks  49  and  36  South  St.  Joseph  addi- 
tion, and  extending  from  the  west  line  of  said  block  49  east  to 
Thirteenth  street ;  also  the  street  bounded  on  the  north  by  blocks 
5i  and  48  Fatee's  addition,  thence  bounded  on  the  south  by  Don- 
nell  and  Saxton's  addition,  and  extending  from  Fourteenth  street 
to  the  east  line  of  Donnell  and  Saxton's  addition;  also  the  street 
bounded  on  the  south  by  blocks  1  and  4  Grandview  addition,  and 
extending  from  Twenty-seventh  street  east  to  Twenty-eighth 
street,  shall  be  called  Duncan  street.  [R.  0.  1897,  Chap.  34,  Art, 
1,  Sec.  39]. 

Sec.  379.  Edmond  street. — The  street  bounded  on  the  north 
by  blocks  20  and  60  Original  Town,  by  blocks  5  and  41  Smith's 
addition,  by  blocks  1  and  9  AVilson's  addition,  by  blocks  17  and 
19  Carter's  addition,  by  blocks  17  and  38  Harris'  addition,  by 
blocks  2  and  11,  Villarosa  addition,  by  blocks  67  and  70,  Eastern 
Extension  addition,  and  extending  from  the  Missouri  river  east 
to  the  city  limits,  shall  be  called  Edmond  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  40]. 

Sec.  380.  Elwood  street. — The  street  bounded  on  the  east  by 
blocks  9  and  16  Bellevue  addition,  and  extending  from  the  Mis- 
souri river  north  to  Rosine  street  at  Dughill  road,  shall  be  called 
Elwood  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  41]. 

Sec.  381.  Elm  street, — The  street  lying  between  lots  1  and 
2,  block  5  Patee's  addition,  and  extending  from  Eleventh  street 
east  to  Vine  street,  shall  be  called  Elm  street.  [R.  0.  1897,  Chap. 
34,  Art.  1,  Sec.  42] . 

Sec.  382.  Evalene  street. — The  street  bounded  on  the  north 
by  block  2,  Davis'  addition  and  Extending  from  St.  Joseph  avenue 
east  to  the  east  line  of  said  addition,  shall  be  called  Evalene  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  43]. 

Sec.  383.  Faraon  street. — The  street  bounded  on  the  north 
by  block  3  Wells'  addition,  by  blocks  4  and  64  Original  Town, 
by  blocks  15  and  66  Smith's  addition,  by  Nunning  Place  addition, 
by  blocks  1  and  4  Carter's  addition,  by  blocks  1  and  4  Harris' 
addition,  by  block  1  McDonald  Place  addition,  by  blodvs  25  and 
54  Eastern  Extension  addition,  and  extending  from  the  Missouri 


356  REVISED  ORDINANCES.  CHAP.  XIX. 

river  east  to  city  limits,  except  where  vacated  from  Main  to  Levee 
streets,  shall  be  called  Faraon  street.  [R.  0.  1S97,  Chau.  34,  Art. 
1,  Sec.  44] . 

Sec.  384.  Felix  street. — The  street  bounded  on  the  north  by 
blocks  10  and  61  Original  Town,  by  blocks  6  and  69  Smith 's  addi- 
tion, by  blocks  13  and  16  Carter's  addition,  by  blocks  16  and  37 
Harris'  addition,  by  blocks  1  and  12  Villarosa  addition,  by  blocks 
63  and  66  Eastern  Extension  addition,  and  extending  from  the 
Missouri  river  east  to  city  limits,  shall  be  called  Felix  street.  [R. 
0.  1897.  Chap.  34,  Art.  1,  Sec.  45] . 

Sec.  385.  Fillmore  street. — The  street  bounded  on  the  north- 
east bj^  blocks  43  and  45  St.  Joseph  Extension  addition  and  ex- 
tending from  Washington  avenue  southeast  to  the  east  line  of 
said  addition,  shall  be  called  Fillmore  street.  [R.  0.  1897,  Chap. 
34,  Art.  1,  Sec.  46] . 

Sec.  386.  Folsom  street. — The  street  bounded  on  the  north 
by  blocks  3  and  6  Saxton  Heights  addition  and  extending  from 
Twenty-sixth  street  east  to  Ashland  avenue,  shall  be  called  Fol- 
som street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  47]. 

Sec.  387.  Francis  street. — The  street  bounded  on  the  north 
by  blocks  2  and  62  Original  Town,  by  blocks  13  and  68  Smith's 
addition,  by  blocks  9  and  12  Carter's  addition,  by  blocks  9  and  12 
Harris'  addition,  by  block  3  McDonald  Place  addition,  by  blocks 
29  and  62  Eastern  Extension  addition  and  extending  from  the 
Missouri  river  east  to  city  limits,  shall  be  called  Francis  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  48]. 

Sec.  388.  Franklin  street. — The  street  bounded  on  the  north 
by  blocks  5  and  19  Bellevue  addition,  by  blocks  36  and  42  Robi- 
doux  addition  and  extending  from  Sixth  street  west  to  the  city 
limits,  shall  be  called  Franklin  street.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  49]. 

Sec.  389.  Frederick  avenue. — The  street  bounded  on  the 
northwest  by  lots  1  and  4,  block  22,  and  by  lots  1  and  4  block  34, 
and  by  lots  1  and  4,  block  38  Smith's  addition,  by  Taylor's  sub- 
division of  lot  1,  block  50  Smith's  addition,  by  Fink's  addition  and 
further  bounded  on  the  southeast  by  Harris'   (2d)   addition,  by 


ART.  I.  NAMES  OF  STREETS.  357 

Landis  and  Hull's  addition,  and  further  bounded  on  the  northwest 
by  Oliver,  Glass  and  Wilson's  addition,  by  Highly 's  addition,  by 
h)ts  1  and  6,  block  5,  and  by  lots  16  and  20  and  lots  6  and  10, 
1)1  ock  3,  and  by  lots  1  and  4,  block  2,  St.  Joseph  Eastern  Extension 
addition,  thence  running  east  along  the  line  between  sections  4 
and  9,  township  57,  range  35,  and  extending  from  Eighth  and 
Felix  streets  northeast  to  Twenty-fifth  and  Highly  streets  and 
thence  extending  east  to  Twenty-eighth  street,  shall  be  called 
Frederick  avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  50]. 

Sec.  390.  Garfield  avenue. — The  street  bounded  on  the  north- 
east by  lot  6  Noble's  addition,  by  Calvary  cemetery,  by  South 
Park  addition,  by  Factory  Ground  addition,  by  Boesl's  addition, 
by  Connett  Place  addition  and  extending  from  Eleventh  street 
north  to  Atchison  street,  southeast  to  Twenty-second  street  at  a 
point  260  feet  north  of  the  south  city  limits,  shall  be  called  Gar- 
field avenue.     [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  51]. 

Sec.  391.  Grand  avenue. — The  street  bounded  on  the  north 
by  blocks  2  and  5  Finger's  addition,  by  blocks  5  and  8  North  St. 
Joseph  (1st)  addition,  by  blocks  10  and  15  North  St.  Joseph  (2d) 
addition,  by  blocks  7  and  8  Oakland  Park  addition  and  extending 
from  the  west  line  of  Finger's  addition  at  Fillmore  street  east 
to  Twenty-second  street,  shall  be  called  Grand  avenue.  [R.  O. 
1897,  Chap.  34,  Art.  1,  Sec.  52]. 

Sec.  392.  Grape  street. — The  street  bounded  on  the  west  by 
blocks  5  and  4  Dr.  S.  McDonald's  addition,  by  blocks  10  and  12 
McCool's  addition,  by  blocks  24  and  22  Walker's  (1st)  addition, 
and  extending  from  the  alley  south  of  Shadj^  avenue  north  to 
Broadway,  shall  be  called  Grape  street.  (R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  53]. 

* 

Sec.  393.     Hall  street. — The  street  b(,unded  on  the  north  by 

Ege's  (1st)  addition,  by  block  3  County  addition,  and  extending 
from  Sixth  street  east  to  Ninth  street,  shall  be  called  Hall  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  54]. 

Sec.  394.  Halleck  street. — The  street  bounded  on  the  east 
by  block  2  McCord's  sub-division  in  block  3  Kemper's  addition, 
and  extending  from  Clay  street  north  to  Union  street,  shall  be 
called  Halleck  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  55]. 


358  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  395.  Hamburg  avenue. — The  street  bounded  on  the 
north  by  blocks  2  and  11,  McCool's  addition,  and  extending  from 
St.  Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Hamburg  avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  56]. 

Sec.  396.  Helena  street. — The  street  bounded  on  the  north 
by  block  3  Davis'  addition,  and  extending  from  St.  Joseph  avenue 
east  to  the  east  line  of  said  addition,  shall  be  called  Helena  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  57]. 

Sec.  397.  Henry  street. — The  street  bounded  on  the  north 
by  blocks  22  and  24  St.  Joseph  Improvement  addition,  and  extend- 
ing from  Thirteenth  street  west  to  the  alley  west  of  Eleventh 
street,  shall  be  called  Henry  street.      [R.  0.  1897,  Chap,  34,  Art.  1, 

Sec.  58]. 

Sec.  398.  Hermann  avenue. — The  street  bounded  on  the 
south  by  blocks  1  and  2  Hall's  (3d)  addition,  by  block  5  Her- 
mann's addition,  and  extending  from  Twenty-second  street  north 
of  Olive  street,  northeast  to  Twenty-fourth  and  Mary  streets,  shall 
be  called  Hermann  avenue.  [R.  O.  1897,  Chap.  34,  Art.  1,  Sec. 
59]. 

Sec.  399.  Heuschele  avenue. — The  street  extending  from 
Twelfth  street,  at  northwest  corner  of  lot  8,  block  1  Smith  and 
Lewis'  (2d)  addition,  southeast  to  Thirteenth  street  at  the  south- 
east corner  of  lot  9  of  the  same  block ;  also  the  street  extending 
from  Thirteenth  street,  at  the  northwest  corner  of  lot  11,  block 
1  Smith  and  Jones'  addition,  southeast  to  Fifteenth  street  at  a 
point  20  feet  north  of  the  southeast  corner  of  lot  1,  block  27 
Highly 's  addition;  also  the  street  bounded  on  the  south  by  iot 
4,  block  26  Highly 's  addition,  shall  be  called  Heuschele  avenue. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  60] . 

Sec.  400.  Hickory  street. — ^The  street  bounded  on  the  north 
by  blocks  115  and  129,  South  St.  Joseph  addition,  Dy  blocks 
5  and  29  Horn  Heights'  addition  and  extending  from  the  Missouri 
river  east  to  Nineteenth  street,  shall  be  called  Hickory  street. 
|R.  O.  3897,  Chap.  34,  Art.  1,  Sec.  61]. 

Sec  401.  Highland  avenue.— The  street  bounded  on  the 
north  bv  blocks  34  and  42  St.  Joseph  Extension  addition  and  ex- 
tending from  Water  street  east  to  the  east  line  of  saul  addition; 


ART.  I.  NAMES  OF  STREETS.  359 

also  the  street  bounded  on  the  south  by  blocks  9  and  12  North  St. 
Joseph  (1st)  addition,  by  blocks  6  and  9  North  St.  Joseph  (2d) 
addition  and  extending;  from  Tenth  street  east  to  Eig-hteenth 
street;  also  the  street  bounded  on  the  north  by  blocks  11  and  12 
Oakland  Park  addition  and  extending  from  Twenty-second  street 
west  to  the  west  line  of  said  addition,  shall  be  called  Highland 
avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  62]. 

Sec.  402.  Highly  street. — The  street  bounded  on  the  north 
by  Duncan  Place  addition,  by  Jackson's  addition,  by  blocks  10 
and  15  Highly 's  addition,  by  blocks  3  and  4  Carbry's  addition  and 
thence  bounded  on  the  south  by  lots  1  and  4,  block  2  and  by  blocks 
3  and  4  St.  Joseph  Eastern  Extension  addition  and  extending  from 
Eleventh  street  east  to  Frederick  avenue  near  Twenty-fifth  street, 
shall  be  called  Highly  street.  [R.  0.  1897,  Chap.  34,  Art.  1,  See. 
63]. 

Sec.  403.  Holman  street. — The  street  bounded  on  the  north 
by  lot  2,  block  2,  Smith  and  Lewis'  (1st)  addition,  by  blocks 
22  and  27  Highly 's  addition,  by  blocks  1  and  2  Oakland  Park 
addition  and  extending  from  Thirteenth  street  east  to  Twenty- 
second  street,  shall  be  called  Holman  street.  [R.  O.  1897,  Chap. 
34,  Art.  1,  Sec.  64]. 

Sec.  404.  Howard  street. — The  street  bounded  on  the  north 
by  blocks  4  and  7  Oliver,  Glass  and  Wilson's  addition,  by  blocks 
2  and  8  Highly 's  addition  and  extending  from  Seventeenth  street 
east  to  Frederick  avenue,  shall  be  called  Howard  street.  [R.  O. 
1897,  Chap.  34,  Art.  1,  Sec.  65]. 

Sec.  405.  Isabelle  street.— The  street  bounded  on  the  north 
by  blocks  9  and  22  Bellevue  addition,  by  blocks  53  and  58  Robi- 
doux  addition,  by  blocks  1  and  2  Central  addition  and  extending 
from  Sixth  street  west  to  city  limits,  except  from  Water  street 
to  Bellevue  street,  shall  be  called  Isabelle  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  66]. 

Sec.  406.  Isadore  street. — The  street  bounded  on  the  north 
by  blocks  1  and  16  Bellevue  addition,  by  blocks  8  and  14  Robi- 
doux  addition,  and  extending  from  Sixth  street  west  to  the  Mis- 
souri river:  also  the  street  bounded  on  the  north  by  fractional 
lot  1,  block  2  Roger's   (1st)   addition,  by  blocks  30  and  32  St. 


360  REVISED  ORDINANCES.  CHAP.  XIX. 

Joseph  Improvement  addition  and  extending  from  Tenth  street 
east  to  Thirteenth  street,  shall  be  called  Isadore  street.  [R.  0. 
1897,  Chap.  34.  Art.  1,  Sec.  67]. 

Sec.  407.  Jackson  street. — The  street  bounded  on  the  north 
by  blocks  78  and  76  South  St.  Joseph  addition,  by  blocks  21  and 
22  Bartlett  and  Russell's  addition  and  extending  from  Sixth 
street  west  to  the  Missouri  river ;  also  the  street  bounded  on  the 
north  by  blocks  51  and  43  South  St.  Joseph  addition  and  extend- 
ing from  the  west  line  of  said  block  51  east  to  Fourteenth  street ; 
also  the  street  bounded  on  the  south  by  block  2  R.  W.  Donnell's 
addition,  by  blocks  3  and  4  Tapee's  addition,  by  blocks  3  and 
4  Maddinger's  addition,  thence  bounded  on  the  north  by  blocks 
1  and  4  Donnell  and  Saxton's  addition,  by  blocks  2  and  3  Grand- 
view  addition  and  extending  from  Sixteenth  street  east  to  city 
limits,  shall  be  called  Jackson  street.  [R.  0.  1897,  Chap.  34,  Art. 
1,  Sec.  68]. 

Sec.  408.  James  street. — The  street  bounded  on  the  north 
b}^  blocks  3  and  4  Oakland  Park  addition  and  extending  from 
Twenty-second  street  west  to  the  west  line  of  said  addition,  shall 
be  called  James  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  See.  69]. 

Sec.  409.  Jefferson  street. — The  street  bounded  on  the  north- 
east by  blocks  46  and  48  St.  Joseph  Extension  addition  and  ex- 
tending from  Washington  avenue  southeast  to  the  alley  east  of 
St.  Joseph  avenue ;  also  the  street  bounded  on  the  north  by  block 
65  St.  Joseph  Extension  addition  and  extending  from  Eighth 
street  east  to  Tenth  street,  shall  be  called  Jefferson  street.  [R. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  70] . 

Sec.  410.  Jones  street. — The  street  bounded  on  the  north  by 
blocks  5  and  6  Oliver,  Glass  and  Wilson's  addition,  by  blocks  3 
and  9  Highly 's  addition,  by  block  2  Carbry's  addition,  by  blocks  1 
and  4  St.  Joseph  Eastern  Extension  addition,  and  extending  from 
Seventeenth  street  east  to  the  alley  east  of  Twenty-fifth  street, 
shall  be  called  Jones  street.  [R.  0.  1897,  Chap.  34,  Art.  1,  Sec. 
71]. 

Sec.  411.  Jules  street. — The  street  bounded  on  the  north 
by  blocks  3  and  63  Original  Town,  by  blocks  14  and  67  Smith's 
addition,  by  blocks  5  and  8  Carter's  addition,  by  blocks  5  and  8 


ART.  I.  NAMES  OF  STREETS.  361 

Harris'  addition,  by  block  2  McDonald  Place  addition,  by  blocks 
28  and  55  Eastern  Extension  addition  and  extending  from  the 
Missouri  river  east  to  city  limits,  shall  be  called  Jules  street.  [R. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  72] . 

Sec.  412.  Kemper  street. — The  street  bounded  on  the  west 
by  block  5  Landis'  addition,  by  block  3  Landis  and  Hall's  addi- 
tion and  on  the  east  by  Kemper's  addition,  and  extending  from 
Seventeenth  and  Frederick  avenue  southeast  to  Eighteenth  street 
at  the  alley  north  of  Faraon  street,  shall  be  called  Kemper  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  73]. 

Sec.  413.  King  Hill  avenue. — The  street  lying  along  the  line 
between  sections  31  and  32,  township  57,  range  35,  and  its  exten- 
sion northeasterly,  bounded  on  the  west  by  the  townsite  of  St. 
George,  by  the  Meyers  Plat  of  Sulphur  Springs,  by  lots  48,  47, 
56,  77,  the  south  part  of  lot  76  of  Sulphur  Springs,  as  platted  by 
F.  W.  Smith,  thence  extending  across  the  west  end  of  lots  102 
to  106,  plat  last  aforesaid,  to  a  point  on  the  south  line  of  section 
20,  township  57,  range  35,  distant  236.6  feet  west  of  the  south- 
east corner  of  the  southwest  i/4  of  said  section,  thence  continuing 
northeasterly  to  a  point  on  the  east  line  of  the  southwest  i^  of 
said  section,  distant  393.45  feet  north  of  the  southeast  corner  of 
said  quarter  section,  shall  be  called  King  Hill  avenue  and  ex- 
tend from  the  south  city  limits  to  Sixth  street.  [G.  0.  No.  686, 
Sec.  1]. 

Sec.  414.  Lafayette  street. — The  street  bounded  on  the 
north  by  block  6  St.  Joseph's  Garden  addition  and  by  blocks  1 
and  3  Mitchell's  addition,  extending  from  Sixth  street  west  to 
the  Missouri  river ;  also  the  street  bounded  on  the  north  by  blocks 
44  and  23  Patee's  addition,  by  blocks  85  and  92  Patee's  addition, 
by  blocks  3  and  4  Hall's  third  addition,  by  block  1  Hermann's 
addition,  by  blocks  9  and  10  Wyatt  Park  addition  and  extending 
from  Eighth  street  east  to  the  city  limits,  except  from  Thirteenth 
street  to  Fourteenth  street,  shall  be  called  Lafayette  stieet.  [R. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  75]. 

Sec.  415.  Lake  boulevard. — The  street  lying  along  the  south 
line  of  section  20,  township  57,  range  35,  from  the  southwest 
corner  of  said  section  east  to  a  point  550  feet  east  of  the  south- 
west corner  of  the  southeast  quarter  of  said  section,  except  from 


362  REVISED  ORDINANCES.  CHAP.  XIX. 

King  Hill  avenue  to  Sixth  street ;  also  the  street  bounded  on  the 
north  by  Alphonso  Place  and  Cudmore's  addition  and  extending 
from  Sixteenth  street  east  to  Nineteenth  street,  shall  be  called 
Lake  boulevard.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  76J. 

Sec.  416.  Dewey  avenue. — The  street  bounded  on  the  east 
by  blocks  10  and  6  Original  Town,  by  blocks  6  and  60  Robidoux 
addition,  by  blocks  2  and  35  St.  Joseph  Extension  addition  and 
extending  from  the  Missouri  river  at  Francis  street  not-th  to  city 
limits,  shall  be  called  Dewey  avenue.      [G.  0.  No.  602,  Sec.  1]. 

Sec.  417.  Lincoln  street. — The  street  bounded  on  the  north 
by  blocks  6  and  1  St.  Joseph  Improvement  addition,  by  blocks  7 
and  8  Roger's  (2d)  addition  and  extending  from  Sixth  street  east 
to  the  alley  east  of  Thirteenth  street,  shall  be  called  Lincoln  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  78]. 

Sec.  418.  Linden  avenue. — The  street  bounded  on  the  south 
by  lots  1  and  2,  block  2  Linden  Heights  addition  and  extending 
from  Ashland  avenue  east  to  the  city  limits,  shall  be  called  Linden 
avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  79]. 

Sec.  419.  Linn  street. — The  street  bounded  on  the  north  by 
blocks  9  and  12  St.  Joseph  Extension  addition,  and  extending 
from  Water  street  east  to  Third  and  Middleton  street,  shall  be 
called  Linn  street.      fR.  0.  1897,  Chap.  34,  Art.  1,  Sec.  80]. 

Sec.  420.  Linwood  avenue. — The  street  bounded  on  the  west 
by  block  2  Springdale  addition,  and  extending  from  Seymour 
street  north  to  Spring  street  and  Southside  avenue ;  also  the 
street  bounded  on  the  west  by  block  7  South  Park  addition,  and 
extending  from  Commercial  street  north  to  Belle  street,  shall 
be  called  Linwood  avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  81] . 

Sec.  421.  Locust  street.— The  street  bounded  on  the  north 
by  block  9  O'Donoghue's  addition,  by  block  16  and  lots  13  and 
16,  block  17  Mayer's  (1st]  addition,  and  extending  from  the 
east  line  of  said  lot  1.3  west  to  the  Missouri  river:  also  the  street 
bounded  on  the  north  by  Hughes  and  Middleton 's  addition,  by 
blocks  1  and  4  and  lot  1,  block  5  Patee's  addition,  and  extending 
from  Sixth  street  east  to  Vine  street :  also  the  street  bounded  on 


ART.  I.  NAMES  OF  STREETS.  363 

the  north  by  blocks  1  and  6  Stewart's  addition,  by  blocks  1  and  2 
Mayer's  (3d)  addition,  and  extending  from  Fourteenth  street  east 
to  Eighteenth  street;  also  the  street  bounded  on  the  north  by 
blocks  1  and  2  Hartwig  and  Xiebel's  addition,  by  block  6  Her- 
mann's addition,  by  blocks  1  and  2  Wyatt  Park  addition,  and 
extending  from  Twenty-second  street  east  to  city  limits,  except 
across  the  right-of-way  of  the  C,  B.  &  Q.  R.  R.  between  Twenty- 
fourth  and  Twenty-sixth  streets,  shall  be  called  Locust  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  82.] 

Sec.  422.  Louis  street. — The  street  bounded  on  the  north  by 
blocks  3  and  17  Bellevue  addition,  by  blocks  22  and  28  Robidoux 
addition,  and  extending  from  Sixth  street  west  to  city  limits, 
except  where  vacated  from  Third  street  to  the  alley  east,  shall 
be  called  Louis  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  83]. 

Sec.  423.  Lover's  Lane. — The  street  bounded  on  the  north- 
west by  block  4  North  St.  Joseph  (2d)  addition  and  thence  run- 
ning northeast  and  north  across  the  east  half  of  northwest  quarter 
of  section  4,  township  57,  range  35,  to  the  east  line  of  said  quarter 
section,  at  a  point  750  feet  south  of  its  northeast  corner,  and 
extending  from  Seventeenth  street  and  Highland  avenue  north- 
easterly to  Twenty-second  street,  shall  be  called  Lover's  Lane. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  84]. 

Sec.  424.  Madison  street. — The  street  bounded  on  the  north 
by  blocks  2  and  22  Walker's  (1st)  addition  and  extending  from 
St.  Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Madison  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  85]. 

Sec.  425.  Main  street. — The  street  bounded  on  the  east  by 
blocks  155  and  162  South  St.  Joseph  addition  and  extending  from 
Cedar  street  north  to  the  Missouri  river;  also  the  street  bounded 
on  the  east  by  blocks  19  and  25  Original  Town,  by  blocks  5  and 
61  Robidoux  addition  by  blocks  3  and  36  St.  Joseph  Extension 
addition  and  extending  from  the  Missouri  river  north  to  city 
limits,  shall  be  called  Main  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
See.  86]. 

Sec.  426.  Maple  street.— The  street  bounded  on  the  north 
by  blocks  92  and  88  South  St.  Joseph  addition  and  extending  from 


364  REVISED  ORDINANCES.  CHAP.  XIX. 

Sixth  street  west  to  the  Missouri  river,  shall  be  called  JNIaple 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  87]. 

Sec.  427.  Market  street. — The  street  boimrled  on  the  north 
by  blocks  17  and  21  St.  Joseph  Extension  addition  and  extending 
from  Water  street  east  to  Washington  avenue  at  Fourth  street, 
shall  be  called  Market  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  88]. 

Sec.  428.  Mary  street. — The  street  bounded  on  the  north  by 
block  10  and  west  half  of  block  18  O'Donoghue  addition  and  ex- 
tending from  the  alley  between  Fourth  and  Fifth  streets  west  to 
the  IMissouri  river ;  also  the  street  bounded  on  the  north  by  blocks 
15  and  21  Patee's  addition  and  extending  from  Sixth  street  east 
to  Ninth  street :  also  the  street  bounded  on  the  north  by  blocks  1 
and  5  Hall's  (2d)  addition,  by  block  4  Hartwig  and  Neible's  addi- 
tion, by  block  4  Hermann's  addition,  by  blocks  3  and  4  Wyatt 
Park  addition  and  extending  from  Eighteenth  street  to  city  limits, 
except  across  the  right-of-way  of  the  C,  B.  &  Q  R.  R.  between 
Twenty-second  and  Twenty -fourth  streets,  shall  be  called  Mary 
street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  89]. 

Sec.  429.  Messanie  street. — The  street  bounded  on  the  north 
by  blocks  35  and  56  Original  Town,  by  blocks  1  and  12  Smith's 
addition,  by  blocks  1  and  3  Nixon's  addition,  bj^  blocks  28  and 
46  Smith's  addition,  by  blocks  32  and  35  Carter's  addition,  by 
blocks  33  and  36  Harris'  addition,  by  blocks  6  and  24  Villarosa 
addition  and  extending  from  the  IMissouri  river  east  to  city  limits, 
shall  be  called  Messanie  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  90]. 

Sec.  430.  Michel  street. — The  street  bounded  on  the  north 
by  blocks  4  and  18  Bellevue  addition,  by  blocks  29  and  35  Robi- 
doux  addition  and  extending  from  Sixth  street  west  to  city  limits, 
except  where  vacated  between  Fourth  street  and  the  a 'ley  west, 
shall  be  called  Michel  street.  [R.  0.  1897,  Chap.  34,  Art.  1,  Sec. 
91]. 

Sec.  431.  Middleton  street. — The  street  bounded  on  the 
northeast  by  blocks  58  and  60  and  lot  1,  block  71,  St.  Joseph  Ex- 
tension addition  and  extending  from  Third  and  Linn  streets,  south 
east  to  Sixth  and  Albemarle  streets,  shall  be  called  Middleton 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  See.  92]. 


ART.  I.  NAMES  OF  STREETS.  365 

Sec.  432.  Mitchell  avenue. — The  street  bounded  on  the  north 
by  block  2  St.  Joseph's  Garden  addition  and  by  Durfee  and  Bart- 
lett's  sub-division  therein,  by  blocks  41  and  63  Patee's  addition, 
by  Evergreen  addition,  by  blocks  1  and  4  Hall's  (1st)  addition, 
by  blocks  15  and  16  Wyatt  Park  addition  and  extending  from  the 
Missouri  river  east  to  city  limits,  except  from  Sixth  to  Eighth 
streets,  shall  be  called  Mitchell  avenue.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  93]. 

Sec.  433.  Monroe  street. — The  street  bounded  on  the  north 
by  blocks  7  and  23  Walker's  (1st)  addition  and  extending  from 
St.  Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Monroe  street.     [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  94] . 

Sec.  434.  Monterey  street. — The  street  bounded  on  the  north 
by  blocks  63  and  64  South  St.  Joseph  addition,  by  blocks  1  and  3 
Corby 's  addition,  by  blocks  59  and  35  South  St.-  Joseph  addition, 
by  block  1  Goodlive's  addition  and  extending  from  Fourteenth 
street  west  to  the  Missouri  river;  also  the  street  bounded  on  the 
north  by  blocks  52  and  49  Patee's  addition  and  extending  from 
Seventeenth  street  east  to  Twenty-second  street ;  also  the  street 
bounded  on  the  north  by  blocks  10  and  12  Hall's  (1st)  addition 
and  extending  from  the  west  line  of  said  block  10  east  to  east  line 
of  said  addition,  shall  be  called  Monterey  street.  [R.  O.  1897, 
Chap.  34,  Art.  1,  Sec.  95]. 

Sec.  435.  Moss  street. — The  street  bounded  on  the  north  by 
block  1  Hardin  Place  addition  and  extending  from  Seventh  street 
west  to  the  west  line  of  said  addition ;  also  the  street  bounded  on 
the  south  by  block  13  North  St.  Joseph  (1st)  addition  and  block 
3  North  St.  Joseph  (2d)  addition  and  extending  from  Seventeenth 
street  west  to  the  west  line  of  said  first  addition ;  also  the  street 
bounded  on  the  south  by  blocks  11  and  12  Oakland  Park  addition 
and  extending  from  Twenty-second  street  west  to  the  west  line 
of  said  addition,  shall  be  called  Moss  street.  [G.  O.  No.  705, 
Seel]. 

Sec.  436.  Mount  Mora  road.— The  street  bounded  on  the 
west  by  Avenue  addition,  by  Sherman's  addition  and  extending 
from  Frederick  avenue  north  to  Mount  Mora  cemetery,  shall  be 
called  Mount  Mora  road.      [R.  0.  1897,  Chap.  34,  Art.  1.  Sec.  97]. 


366  REVISED  ORDINANCES.  OHAP.  XIX. 

Sec.  437.  Mulberry  street. — The  street  bounded  on  the  north 
by  blocks  2  and  7  Kemper's  addition,  by  Hedenberg's  (1st)  addi- 
tion, by  blocks  20  and  17  St.  Joseph  Eastern  Extension  addition, 
by  blocks  43  and  47  Eastern  extension  addition  and  extending 
from  Kemper  street  east  to  the  city  limits,  shall  be  called  Mulber- 
ry street.      |R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  98]. 

Sec.  438.  Oak  street. — The  street  bounded  on  the  north  by 
blocks  150  and  155  South  St.  Joseph  addition  and  extending  from 
Sixth  street  west  to  the  Missouri  river ;  also  the  street  bounded  on 
the  north  by  blocks  3  and  27  Horn  Heights  addition  and  extend- 
ing from  Fourteenth  street  east  to  Nineteenth  street;  also  the 
street  bounded  on  the  north  by  blocks  3  and  4  Gladstone  Heights 
addition  and  extending  from  Twenty-second  street  east  to  the  east 
line  of  said  addition,  shall  be  called  Oak  street.  |R.  O.  1897, 
Chap.  34,  Art.  1,  Sec.  99]. 

Sec.  439.  Olive  street. — The  street  bounded  on  the  north  by 
blocks  13  and  20  O'Donoghue's  addition,  by  block  21  Mayer's 
(2d) addition  and  Snyder's  sub-division  therein,  by  blocks  19  and 
6  Patee's  addition  and  Patton's  sub-division  in  said  block  6,  by 
blocks  3  and  4  Stewart's  addition,  by  blocks  5  and  6  Mayer's  (3d) 
addition,  by  blocks  10  and  6  Hall's  (2d)  addition,  by  blocks  1 
and  2  Hall's  (3d)  addition,  by  block  2  Hermann's  addition,  by 
blocks  7  and  8  Wyatt  Park  addition  and  extending  from  the  Mis- 
souri river  east  to  city  limits,  except  where  vacated  from  Fourth 
street  to  the  alley  east,  shall  be  called  Olive  street.  [K.  0.  1897, 
Chap.  34,  Art.  1,  See.  100]. 

Sec.  440.  Osage  street. — The  street  bounded  on  the  south 
by  blocks  4  and  5  Saxton  Heights  addition  and  extending  from 
Twenty-sixth  street  east  to  Ashland  avenue,  shall  be  called  Osage 
street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  101]. 

Sec.  441.  Pacific  street. — The  street  bounded  on  the  north 
by  block  54  South  St.  Josei)h  addition,  and  extending  from  Sixth 
street  east  to  Seventh  street;  also  the  street  bounded  on  the  north 
by  blocks  8  and  41  South  St.  Joseph  addition,  by  R.  W.  Donnell's 
addition,  by  Tapee's  addition,  by  Maddinger's  addition,  thence 
running   east   along  the   south   line   of  section   16,   township   57,. 


ART.  I.  NAMES  OF  STREETS.  367 

range  35,  and  extending  from  Eighth  street  east  to  tlie  Agency- 
road,  shall  be  called  Pacific  street.  [R.  O.  1897,  Chap.  34,  Art. 
1,  Sec.  102]. 

Sec.  442.  Park  street. — The  street  bounded  on  the  north  by 
block  1  Davis'  addition,  and  extending  from  St.  Joseph  avenue 
east  to  the  east  line  of  said  addition,  shall  be  called  Park  street. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  103]. 

Sec.  443.  Patee  street. — The  street  bounded  on  the  north  by 
blocks  11  and  19  O'Donoghue's  addition,  by  block  22  Mayer's 
(2d)  addition  and  Snyder's  sub-division  therein,  by  blocks  7 
and  20  Patee 's  addition,  and  extending  from  Thirteenth  street 
west  to  the  Missouri  river ;  also  the  street  bounded  on  the  north 
by  blocks  2  and  5  Stewart's  addition,  by  blocks  3  and  4  Mayer's 
(3d)  addition,  and  extending  from  Fourteenth  east  to  Eighteenth 
street ;  also  the  street  bounded  on  the  north  by  block  3  Hermann's 
addition,  by  blocks  5  and  6  Wyatt  Park  addition  and  extending 
from  Twenty-fourth  street  east  to  city  limits,  shall  be  called  Patee 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  104]. 

Sec.  444.  Patee  avenue. — The  street  bounded  on  the  north- 
west by  lots  1  and  2,  block  72  and  lots  1  and  2,  block  90  Patee "s 
addition,  by  lot  10,  block  7  and  by  lots  6  and  18,  block  6  Hall's 
(2d)  addition,  and  extending  from  Seventeenth  and  Penn  streets 
northeast  to  Twenty-second  street  south  of  Mary  street,  shall 
be  called  Patee  avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  105].' 

Sec.  445.  Pear  street. — The  street  bounded  on  the  north  by 
block  4  Connett  Place  addition  and  extending  from  Twenty-first 
street  east  to  city  limits,  shall  be  called  Pear  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  106]. 

Sec.  446.  Pendleton  street. — The  street  bounded  on  the 
northeast  by  blocks  55  and  57  St.  Joseph  Extension  addition  and 
extending  from  Washington  avenue  southeast  to  the  east  line  of 
said  block  55 :  also  the  street  bounded  on  the  south  by  blocks  69 
and  71  St.  Joseph  Extension  ad*dition  and  extending  from  the 
west  line  of  said  block  71  east  to  Tenth  street,  shall  be  called 
Pendleton  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  107] . 


368  REVISED  ORDINANCES.  CHAP.  XIX. 

Si'X'.  447.  Penn  street. — The  street  bounded  on  the  north  by- 
blocks  42  and  76  Patee's  addition,  thence  bounded  on  the  south 
by  blocks  1  and  4  Hall's  (1st)  addition,  thence  bounded  on  the 
north  by  blocks  13  and  14  Wyatt  Park  addition  and  extending 
from  Eighth  street  east  to  city  limits,  shall  be  called  Penn  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  108]. 

Sec.  448.  Pine  street. — The  street  bounded  on  the  north  by 
blocks  1  and  2  Connett  Place  addition  and  extending  from  the 
alley  west  to  Twenty-first  street,  east  to  city  limits,  shall  be  called 
Pine  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  See.  109]. 

Sec.  449.  Plum  street. — The  street  bounded  on  the  west  by 
block  44  Eastern  Extension  addition  and  extending  from  Mulber- 
ry street  north  to  Clay  street,  shall  be  called  Plum  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  110] . 

Sec.  450.  Poplar  street. — The  street  bounded  on  the  west  by 
block  54  Patee's  addition  and  extending  from  Duncan  street 
north  to  Sacramento  street,  shall  be  called  Poplar  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  111]. 

Sec.  451.  Poulin  street. — The  street  bounded  on  the  north 
by  blocks  6  and  20  Bellevue  addition,  by  blocks  43  and  46  Robi- 
doux  addition,  by  blocks  1  and  3  Richardson's  addition  and  ex- 
tending from  Sixth  street  west  to  city  limits,  except  where  va- 
cated from  Fourth  street  to  the  alley  west,  shall  be  called  Poulin 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  112] . 

Sec.  452.  Powell  street. — The  street  bounded  on  the  north 
by  blocks  7  and  11  St.  Joseph  Improvement  addition,  by  blocks 
5  and  6  Rogers'  (2d)  addition,  and  extending  from  Sixth  street 
east  to  the  alley  east  of  Thirteenth  street,  shall  be  called  Powell 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  113]. 

Sec.  453.  Renick  street. — The  street  bounded  on  the  north 
by  block  60  South  St.  Joseph  addition,  and  extending  from  Fourth 
street  west  to  the  Missouri  rivef ;  also  the  street  bounded  on  the 
south  by  Durfee  and  Bartlett's  addition,  and  extending  from 
Sixth  street  west  to  the  west  line  of  said  addition;  and  also  the 
street  bounded  on  the  north  by  blocks  45  and  46  South  St.  Joseph 


ART.  I.  NAMES  OF  STREETS.  369 

addition  and  extending  from  Fourteenth  street  west  to  the  west 
line  of  said  block  46,  shall  be  called  Renick  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  114] . 

Sec.  454.  Richardson  street. — The  street  bounded  on  the 
northeast  by  blocks  52  and  54,  St.  Joseph  Extension  addition,  and 
extending  from  Washington  avenue  and  Market  street  southeast 
to  the  east  line  of  lot  21  in  said  block  54;  also  bounded  on  the 
south  by  blocks  72  and  68,  St.  Joseph  Extension  addition,  and 
extending  from  the  west  line  of  lot  22  in  said  block  72  east  to 
Tenth  street,  shall  be  called  Richardson  street.  [R.  O.  1897, 
Chap.  34,  Art.  1,  Sec.  115]. 

Sec.  455.  Ridenbaugh  street. — The  street  bounded  on  the 
north  by  blocks  17  and  20,  St.  Joseph  Improvement  addition,  by 
block  2,  Rogers'  (2d)  addition,  and  extending  from  Thirteenth 
street  west  to  the  west  line  of  St.  Joseph  Improvement  addition; 
also  the  street  bounded  on  the  north  by  block  2,  Sherman's  addi- 
tion, and  extending  from  the  Mt.  Mora  road  west  to  the  alley 
east  of  Thirteenth  street,  shall  be  called  Ridenbaugh  street.  [R. 
0.  1897,  Chap.  34,  Art.  1,  Sec.  116]. 

Sec.  456.  Robidoux  street. — The  street  bounded  on  the  north 
by  blocks  4  and  5,  Well's  addition,  by  blocks  5  and  65,  Original 
Town,  by  Young's  addition,  by  Bush's  addition,  by  Langan's  ad- 
dition, by  Snyder's  addition,  and  extending  from  Tenth  street 
west  to  the  Missouri  river,  except  where  vacated  between  Levee 
and  Main  streets,  shall  be  called  Robidoux  street.  [R.  0.  1897. 
Chap.  34,  Art.  1,  Sec.  117]. 

Sec.  457.  Rosine  street. — The  street  bounded  on  the  south 
by  lot  7,  block  22,  Bellevue  addition  and  extending  from  Elwood 
street  and  Dug  Hill  road  west  to  city  limits ;  also  the  street  bound- 
ed on  the  north  by  blocks  1  and  2,  Western  addition,  by  blocks  59 
and  64,  Robidoux  addition,  and  extending  from  the  alley  between 
Elwood  and  Bellevue  streets  east  to  Short  street,  shall  be  called 
Rosine  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  118] . 

Sec.  458.  Sacramento  street. — The  street  bounded  on  the 
north  by  block  61,  South  St.  Joseph  addition,  and  extending  from 
Fourth  street  west  to  the  Missouri  river;  also  the  street  bounded 

24 


370  REVISED  ORDINANCES.  CHAP.  XIX. 

ou  the  north  by  blocks  47  and  4-i,  South  St.  Joseph  aadition,  by 
blocks  53  and  61,  Patee's  addition,  by  blocks  5  and  8,  Hall's  (1st) 
addition,  and  extending  from  the  west  line  of  block  -47,  South  St. 
Joseph  addition,  east  to  the  east  line  of  Hall's  addition,  shall  be 
called  Sacramento  street.     [R.  0.  1897,  Chap.  31,  Art.  1,  Sec.  119]. 

Sec.  459.  Savannah  avenue. — -The  street  bounded  on  the 
southeast  by  blocks  62  and  44,  St.  Joseph  Extension  addition,  and 
extending  from  Third  and  Albemarle  streets  northeast  to  High- 
land avenue  at  Seventh  street,  shall  be  called  Savannah  avenue. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  120]. 

Sec.  460.  Scott  street. — The  street  bounded  on  the  north  by 
blocks  83  and  87,  South  St.  Joseph  addition,  and  extending  from 
Sixth  street  west  to  the  Missouri  river;  also  the  street  bounded 
on  the  north  by  blocks  7  and  42,  South  St.  Joseph  addition,  and 
extending  from  Eighth  street  east  to  Fourteenth  street;  also  the 
street  bounded  on  the  north  by  blocks  3  and  4,  Tapee's  addition, 
by  blocks  3  and  4,  Maddinger's  addition,  and  extending  from 
Eighteenth  street  east  to  Twenty-second  street,  shall  be  called 
Scott  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  121]. 

Sec.  461.  Seneca  street. — The  street  bounded  on  the  north 
by  block  3,  St.  Joseph's  Garden  addition,  and  extending  from 
Sixth  street  west  to  the  jNIissouri  river ;  also  the  street  bounded  on 
the  north  by  blocks  43  and  25,  Patee's  addition,  and  extending 
from  Eighth  street  east  to  Thirteenth  street ;  also  the  street  bound- 
ed on  the  north  by  blocks  84  and  77,  Patee's  addition,  by  Rost's 
addition,  and  extending  from  Fourteenth  street  east  to  Twenty- 
third  street;  also  the  street  bounded  on  the  north  by  blocks  11 
and  12,  Wyatt  Park  addition,  and  extending  from  Twenty-sixth 
street  east  to  city  limits,  shall  be  called  Seneca  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  122]. 

Sec.  462.  Seymour  street. — The  street  bounded  on  the  north 
by  blocks  1  and  2,  Spriugdale  addition,  and  extending  from  Four- 
teenth street  east  to  Linwood  addition,  shall  be  called  Seymour 
street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  123]. 

Sec.  463.  Shady  avenue. — The  street  bounded  on  the  north 
by  blocks  1  and  4,  Dr.  S.  McDonald's  addition,  and  extending  from 
St.  Joseph  avenue  west  to  the  west  line  of  said  addition,  shall  be 
called  Shady  avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  124] . 


ART.  I.  NAMES  OF  STEBETS.  371 

Sec.  464.  Short  street. — The  street  bounded  on  the  east  by 
block  ],  Central  addition,  and  extending  from  Isabelle  street 
north  to  Albemarle  street,  shall  be  called  Short  street.  [R.  0. 
1897,  Chap  34,  Art.  1,  Sec.  125]. 

Sec.  465.  Southside  avenue. — The  street  bounded  on  the 
southwest  by  Cudmore's  addition,  and  extending  from  Linwood 
avenue  at  Spring  street  southwest  to  Nineteenth  street,  shall  be 
called  Southside  avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  126], 

Sec.  466.  Spring  street. — The  street  bounded  on  the  south 
by  blocks  1  and  2,  Spriugdale  addition,  thence  running  west  along 
the  south  line  of  northeast  quarter  of  southeast  quarter  section 
20,  township  57,  range  35,  and  extending  from  Eleventh  street 
east  to  Linwood  avenue ;  also  the  street  bounded  on  the  north  by 
blocks  9  and  10  Thomas'  addition,  and  extending  from  the  alley 
west  of  Twenty-first  street  east  to  city  limits,  shall  be  called 
Spring  street.    [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  127]. 

Sec.  467.  Spruce  street. — The  street  bounded  on  the  west 
by  blocks  10  and  11,  Walker's  (1st)  addition,  and  extending  from 
Monroe  street  north  to  Broadway,  shall  be  called  Spruce  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  128] . 

Sec.  468.  State  street. — The  street  bounded  on  the  north  by 
block  2,  Saxton  Heights  addition  and  extending  from  Twenty- 
sixth  street  east  to  Ashland  avenue,  shall  be  called  State  street. 
[R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  129]. 

Sec.  469.  St.  Joseph  avenue. — The  street  bounded  on  the 
southeast  by  blocks  61  and  43,  St.  Joseph  Extension  addition,  on 
the  east  by  block  42,  St.  Joseph  Extension  addition,  by  Wey's 
Place  addition,  by  Davis,  addition,  thence  bounded  on  the  north- 
west by  McCool's  addition,  by  Walker's  (1st)  addition,  and  ex- 
tending from  Fourth  and  Albemarle  streets  northeast  to  north  city 
limits  at  Broadway,  shall  be  called  St.  Joseph  avenue.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  130] . 

Sec.  470.  St.  Paul  street. — The  street  bounded  on  the  north 
by  blocks  22  and  27,  St.  Joseph  Extension  addition,  and  extending 
from  Water  street  east  to  Washington  avenue,  shall  be  called  St, 
Paul  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  131]. 


372  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  471.  Sycamore  street. — The  street  bounded  on  the  north 
by  blocks  101  and  1U7,  South  St.  Joseph  addition,  and  extending 
from  the  Missouri  river  east  to  the  east  line  of  said  b)ock  107; 
also  the  street  bounded  on  the  north  by  blocks  109  and  111,  South 
St.  Joseph  addition,  by  blocks  6  and  19,  Horn  Heights  addition, 
and  extending  from  Eighth  street  east  to  Eighteenth  street,  shall 
be  called  Sycamore  street.  [R.  0.  1897,  Chap.  34,  Art.  1,  Sec. 
132]. 

Sec.  472.  Sylvanie  street. — The  street  bounded  on  the  north 
by  the  east  one-half  of  block  33  and  by  block  58,  Original  Town, 
by  blocks  3  and  43,  Smith's  addition,  by  block  1,  Inslee  and  Al- 
len's addition,  by  blocks  55  and  71,  Smith's  addition,  by  blocks 
24  and  27,  Carter's  addition,  by  blocks  25  and  40  Harris'  addition, 
by  blocks  4  and  22  Villarosa  addition  and  extending  from  the 
alley  between  Second  and  Third  streets  east  to  city  limits,  shall 
be  called  Sylvanie  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  133] . 

Sec.  473.  Union  street. — The  street  bounded  on  the  north 
by  block  2,  Oliver,  Glass  and  Wilson's  addition,  by  blocks  4  and 
12,  Kemper's  addition,  by  blocks  9  and  12,  St.  Joseph  Eastern 
Extension  addition,  and  extending  from  Seventeenth  street  to 
the  alley  east  of  Twenty-fifth  street,  shall  be  called  Union  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  134]. 

Sec.  474.  Vine  street. — The  street  bounded  on  the  west  by 
blocks  26  and  22  and  by  the  west  half  of  blocks  8  and  5,  Patee's 
addition,  and  extending  from  Seneca  street  north  to  Messanie 
street,  shall  be  called  Vine  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  135]. 

Sec.  475.  Walker  street. — The  street  bounded  on  the  west 
by  block  18,  Walker's  (2d)  addition  and  extending  from  Fourth 
avenue  south  to  the  south  line  of  said  addition,  shall  be  called 
Walker  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  136]. 

Sec.  476.  Walnut  street. — The  street  bounded  on  the  north 
by  blocks  136  and  141,  South  St.  Joseph  addition,  and  extending 
from  Sixth  street  west  to  the  Missouri  river ;  also  the  street  bound- 
ed on  the  north  by  blocks  4  and  28,  Horn  Heights  addition,  and 
extending  from  Fourteenth  street  east  to  Nineteenth  street ;  also 
the  street  bounded  on  the  north  by  blocks  1  and  2,  Gladstone 


ART.  I.  NAMES  OF  STREETS.  373 

Heights  addition  and  continuing  thence  east  across  the  southeast 
quarter  of  the  northeast  quarter  of  section  21,  township  57,  and 
extending  from  Twenty-second  street  to  east  city  limiis,  shall  be 
called  Walnut  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  137]. 

Sec.  477.  Warsaw  avenue. — The  street  bounded  on  the  west 
by  blocks  9  and  2,  Hall's  (2d)  addition,  and  extending  from  Olive 
street  north  to  Messanie  street,  shall  be  called  Warsaw  avenue. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  138] . 

Sec.  478.  Washington  avenue. — The  street  bounded  on  the 
southeast  by  blocks  58  and  45,  St.  Joseph  Extension  addition,  and 
extending  from  Third  street  near  Linn  and  Middleion  streets 
northeast  to  Highland  avenue  at  Sixth  street,  shall  be  called 
Washington  avenue.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  139]. 

Sec.  479.     Water  street. — The  street  bounded  on  tlie  east  by , 
blocks  3  and  5,  Original  Town,  by  blocks  7  and  59,  Robidoux  ad- 
dition, by  blocks  1  and  34,  St.  Joseph  Extension  addition,  and 
extending  from  the  Missouri  river  north  to  city  limits-,  shall  be 
called  Water  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec   140]. 

Sec.  480.  Woodson  street. — The  street  bounded  on  the 
northeast  by  blocks  51  and  49,  St.  Joseph  Extension  addition,  and 
on  the  north  by  block  2,  Likens  Slinglutf's  addition,  by  block  66, 
St.  Joseph  Extension  addition,  and  extending  from  Washington 
avenue  southeast  to  the  east  line  of  said  block  49,  thence  extend- 
ing east  to  Tenth  street;  also  the  street  bounded  on  the  north  by 
lot  12  Gilkerson  Place  addition,  and  continuing  east  along  the  line 
between  lots  8  and  9,  block  2,  Fair  Ground  addition,  and  extend- 
ing from  Tenth  street  east  to  Eleventh  street,  shall  be  called 
Woodson  street.      [R.  O.  1897,  Chapter.  34,  Art.  1,  Sec.  141]. 

Streets  Designated  by  Numbers. 

Sec.  481.  Second  street. — The  street  bounded  on  the  east  by 
blocks  33  and  26,  Original  Town,  by  block  4  and  62,  Robidoux 
addition,  by  blocks  4  and  37,  St.  Joseph  Extension  addition,  and 
extending  from  Sylvanie  street  at  the  Missouri  river  north  to  city 
limits;  also  the  street  bounded  on  the  east  by  blocks  128  and  163, 
South  St.  Joseph  addition,  and  extending  from  the  Missouri  river 
at  Sycamore  street  south  to  Cedar  street ;  also  the  street  running 


374  REVISED  ORDINANCES.  CHAP.  XIX. 

south  from  the  southeast  corner  of  block  173,  South  St.  Joseph 
addition,  across  the  southwest  quarter  of  section  20,  township  57, 
range  35,  and  extending  from  Atchison  street  to  Lake  boulevard 
or  south  city  limits,  shall  be  called  Second  street.  [Ji  0.  1897, 
Chap.  31,  Art.  1,  See.  112]. 

Sec.  482.  Third  street. — The  street  bounded  on  the  east  by 
blocks  171  and  61,  South  St.  Joseph  addition,  and  exterding  from 
Atchison  street  north  to  Missouri  River  at  Renick  street ;  also  the 
street  bounded  on  the  east  by  blocks  13  and  15,  O'Donoghue  ad- 
dition, by  block  16,  Mayer's  (1st)  addition,  by  blocks  36  and  45, 
Original  Town,  by  blocks  3  and  63,  Robidoux  addition,  by  blocks 
63  and  38,  St.  Joseph  Extension  addition,  and  extending-  from  the 
Missouri  river  at  Olive  street  north  to  the  north  line  of  St.  Joseph 
Extension  addition,  shall  be  called  Third  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  143]. 

Sec.  483.  Fourth  street. — The  street  bounded  on  the  west  by 
blocks  171  and  60,  South  St.  Joseph  addition,  by  the  west  105 
feet  of  lots  2  and  9,  of  blocks  2,  3  and  6,  St.  Joseph's  Garden  ad- 
dition, by  blocks  13  and  15,  O'Donoghue "s  addition,  by  block  16, 
Mayer's  (1st)  addition,  b^^  blocks  36  and  45,  Original  Town,  by 
blocks  3  and  63,  Robidoux  addition,  and  extending  from  Atchison 
street  north  to  Albemarle  street ;  also  the  street  bounded  on  the 
west  by  blocks  21  and  38,  St.  Joseph  Extension  addition,  and  ex- 
tending from  Fourth  street  and  AVashington  avenue  north  to  the 
north  line  of  said  addition,  shall  be  called  Fourth  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  144] . 

Sec.  484.  Fifth  street. — The  street  bounded  on  the  west  by 
blocks  170  and  65,  South  St.  Joseph  addition,  by  block  3,  Corby's 
addition,  by  block  3  Ege's  (2d)  addition,  and  extending  from 
Atchison  street  north  to  the  north  line  of  Ege's  (2d)  addition; 
also  the  street  bounded  on  the  west  by  block  2,  Durfee  &  Bartlett's 
addition,  and  extending  from  Renick  street  south  to  the  south  line 
of  said  addition;  also  the  street  bounded  on  the  west  by  blocks  2 
and  3.  Mitchell's  addition,  by  blocks  20  and  18,  O'Donoghue 's  ad- 
dition, by  block 4",  Mayer's  (1st)  addition,  by  blocks  55  and  46, 
Original  Town,  by  blocks  2  and  52,  Robidoux  addition,  by  block 
2,  Richardson's  addition,  by  block  1,  Central  addition,  and  extend- 
ing from  Lafayette  street  north  to  Albemarle  street;  also  the 


ART.  I.  NAMES  OF  STREETS.  375 

street  bounded  on  the  west  by  block  39,  St.  Joseph  Extension  ad- 
dition, and  extending  from  Highland  avenue  north  to  the  north 
line  of  said  addition,  shall  be  called  Fifth  street ;  also  the  street 
running  north  and  south  through  Buena  Vista  addition,  between 
blocks  one  and  two  (1  and  2),  three  and  four  (3  and  4)  and  five 
and  six  (5  and  6).      [G.  0.  No.  726,  Sec.  1]. 

Sec.  485.  Sixth  street. — The  street  located  along  the  north 
and  south  quarter  section  line  of  section  20,  township  57,  range 
35,  and  extending  from  south  city  limits  to  Atchison  street;  also 
the  street  bounded  on  the  west  by  blocks  168  and  87,  South  St. 
Joseph  addition,  by  Bartlett  and  Russell's  addition,  by  Corby's 
addition,  by  Ege's  (2d)  addition,  by  St.  Joseph's  Garden  addi- 
tion, by  Mitchell's  addition,  by  Mayer's  (2d)  addition,  by  AVest's 
addition,  by  Original  Town,  Robidoux  addition,  by  Richardson's 
addition,  by  block  2,  Central  addition,  and  extending  from  Lake 
boulevard  to  Albemarle  street ;  also  the  street  bounded  on  the 
west  by  block  40,  St.  Joseph  Extension  addition,  and  extending 
from  Highland  avenue  north  to  the  north  line  of  said  addition, 
shall  be  called  Sixth  street.  (R.  0.  1897,  Chap.  34,  Art.  1,  Sec. 
146]. 

Sec.  486.  Seventh  street. — The  street  bounded  on  the  west 
by  block  1,  Ferguson's  addition,  and  extending  from  the  south 
line  to  the  north  line  of  said  addition ;  also  the  street  bounded 
on  the  west  by  block  1,  Hedenberg's  (2d)  addition,  by  blocks  123 
and  106,  South  St.  Joseph  addition,  and  extending  from  the  south 
line  of  Hedenberg's  (2d)  addition  north  to  Pacific  street;  also 
the  street  bounded  on  the  east  by  blocks  18  and  1,  Patee's  addi- 
tion, by  blocks  12  and  16,  Smith's  addition,  by  Bush's  addition, 
by  Henry's  addition,  by  block  3,  County  addition,  by  blocks  17 
and  5,  St.  Joseph  Improvement  addition,  by  blocks  70  and  73,  St. 
Joseph  Extension  addition  and  extends  from  Olive  street  north 
to  Richardson  street,  also  by  the  street  bounded  on  the  west  by 
block  41,  St.  Joseph  Extension  addition  and  by  Hardin  Place  ad- 
dition, and  extending  from  Highland  avenue  north  to  north  line 
of  the  last  named  addition,  shall  be  called  Seventh  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  147]. 

Sec.  487.  Eighth  street. — The  street  bounded  on  the  east  by 
Riley's  addition,  by  lots  1  and  2,  block  2,  Noble's  tract,  by  blocks 
144  and  1.  South  St.  Joseph  addition,  by  blocks  41  and  2,  Patee's 


376  REVISED  ORDINANCES.  CHAP.  XIX. 

addition,  by  block  2,  Nixou's  addition,  by  blocks  27  and  19, 
Smith's  addition,  and  thence  bounded  on  the  west  by  Bush's  addi- 
tion, by  lots  20  and  11,  Henry's  addition,  and  extending  from 
Atchison  street  north  to  Hall  street;  also  the  street  bounded  on 
the  east  by  block  4,  St.  Joseph  Improvement  addition,  by  blocks 
69  and  65,  St.  Joseph  Extension  addition,  and  extending  from 
Lincoln  street  north  to  the  north  line  of  St.  Joseph  Extension 
addition,  shall  be  called  Eighth  street.  [R.  0.  1897,  Chap.  Si, 
Art.  1,  Sec.  148] . 

Sec.  488.  Ninth  street. — The  street  bounded  on  the  west  by 
block  1,  Riley's  addition,  and  extending  from  Atchison  street 
north  to  the  north  line  of  said  addition;  also  the  street  bounded 
on  the  west  by  blocks  144  and  1,  South  St.  Joseph  addition,  by 
blocks  41  and  2,  Patee's  addition,  by  block  2,  Nixon's  addition, 
by  blocks  27  and  19,  Smith's  addition,  by  Langan's  addition,  by 
Nye's  addition,  by  block  1,  Ohio's  addition,  by  blocks  26  and  4, 
St.  Joseph  Improvement  addition,  and  extending  from  the  south 
line  of  South  St.  Joseph  addition  north  to  Albemarle  street ;  also 
the  street  bounded  on  the  east  by  block  2  and  by  lot  20,  block  3, 
Finger's  addition,  and  extending  from  Grand  avenue  north  to  the 
alley  north  of  Douglas  street,  shall  be  called  Ninth  street.  [R.  0. 
1897,  Chap.  34,  Art.  1,  Sec.  149] . 

Sec.  489.  Tenth  street. — The  street  bounded  on  the  east  by 
block  1,  Turner  and  Kirkpatrick's  addition,  by  the  east  300  feet 
of  lots  1,  2  and  3,  block  3,  Noble  tract,  by  blocks  146  and  17, 
South  St.  Joseph  addition,  by  blocks  33  and  4,  Patee's  addition, 
by  blocks  45  and  37,  Smith's  addition,  thence  bounded  on  the 
west  by  Snyder's  addition,  by  block  1,  Roger's  (1st)  addition,  by 
blocks  25  and  3,  St.  Joseph  Improvement  addition,  by  St.  Joseph 
Extension  addition,  by  Finger's  addition,  and  extending  from 
the  north  line  of  block  2,  Noble  tract  north  to  Highland  avenue, 
shall  be  called  Tenth  street.  [R.  0.  1897,  Chap.  34,  Art.  1,  Sec. 
150]. 

Sec.  490.  Eleventh  street.— The  street  bounded  on  the  west 
by  blocks  7  and  8,  Walkei-'s  (2d)  addition,  and  extending  from 
the  north  line  of  said  addition  south  to  Fifth  avenue;  also  the 
street  bounded  on  the  west  by  blocks  12  and  5,  North  St.  Joseph 
(1st)  addition,  by  block  2,  Fair  Ground  addition,  by  blocks  2  and 
32,  St.  Joseph  Improvement  addition,  by  blocks  39  and  15,  Smith's 


ART.  I.  NAMES  OF  STREETS.  377 

addition,  by  blocks  1  and  2,  Inslee  and  Allen's  addition,  by  blocks 
4  and  33,  Patee's  addition,  by  blocks  17  and  146,  South  St.  Joseph 
addition,  by  block  3,  Noble  tract,  by  Turner  and  Kirkpatrick's 
addition,  by  block  2,  Noble  tract  and  thence  produced  south  across 
the  southeast  quarter  of  section  20,  township  57,  range  35,  extend- 
ing from -Highland  avenue  south  to  city  limits,  shall  be  called 
Eleventh  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  151]. 

Sec.  491.  Twelfth  street. — The  street  bounded  on  the  west 
by  the  west  300  feet  of  lots  6  and  5,  Noble's  addition,  by  the  west 
300  feet  of  lot  4,  block  4,  Noble  tract,  by  block  1,  Zimmerman's 
addition,  by  block  1,  Fairview  addition,  by  block  1,  Lee  and  Hard- 
man 's  addition,  by  the  west  300  feet  of  the  north  half  of  lot  1, 
block  4,  Noble  tract,  by  blocks  147  and  32,  South  St.  Joseph  ad- 
dition, by  block  32  and  west  half  of  blocks  28  and  23,  Patee's 
addition,  and  extending  from  Atchison  street  north  to  Olive 
street ;  also  the  street  bounded  on  the  west  by  blocks  57  and  51, 
Smith's  addition,  by  blocks  6  and  1,  Wilson's  addition,  by  block 
1,  Thompson's  addition,  by  Nunning  Place,  by  Fink's  addition, 
by  blocks  31  and  1,  St.  Joseph  Improvement  addition,  by  Duncan 
Place,  by  block  1,  Fair  Ground  addition,  by  blocks  3  and  13, 
North  St.  Joseph  (1st)  addition,  and  extending  from  Messanie 
street  north  to  Moss  street;  also  the  street  bounded  on  the  west 
by  blocks  9  and  6,  Walker's  (2d)  addition,  and  extending  from 
Fifth  avenue  north  to  the  north  line  of  said  addition,  shall  be 
called  Twelfth  street.      [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  152]. 

Sec.  492.  Thirteenth  street. — The  street  bounded  on  the 
west  by  block  1,  Sunnyside  addition,  by  block  2,  Zimmerman's 
addition,  by  block  2,  Fairview  addition,  by  block  2,  Lee  and  Hard- 
man's  addition,  and  extending  from  Atchison  street  north  to  the 
north  line  of  Lee  and  Hardman's  addition ;  also  the  street  bounded 
on  the  west  by  blocks  148  and  33,  South  St.  Joseph  addition,  by 
blocks  31  and  5,  Patee's  addition,  and  extending  from  the  south 
line  of  South  St.  Joseph  addition  north  to  Messanie  street;  also 
bounded  on  the  west  by  blocks  59  and  65,  Smith's  addition,  by 
blocks  5  and  2,  Wilson's  addition,  by  block  2,  Thompson's  addi- 
tion, and  extending  from  Angelique  street  north  to  the  north  line 
of  Smith's  addition ;  also  the  street  bounded  on  the  east  by  Thomas 
Henry's  addition,  by  block  21,  St.  Joseph  Improvement  addition, 
by  blocks  1  and  7,  Roger's   (2d)   addition,  by  block  1,  Jackson 


378  REVISED  ORDINANCES.  CHAP.  XIX. 

addition,  by  block  2,  Smith  and  Lewis  (1st)  addition,  by  block 
1,  Smith  and  Jones  addition,  by  block  2,  Smith  and  Lewis'  (2d) 
addition,  by  blocks  1  and  15,  North  St.  Joseph  (1st)  addition, 
and  extending  from  Frederick  avenue  north  to  Moss  street,  shall 
be  called  Thirteenth  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  153] . 

Sec.  -193.  Fourteenth  street. — The  street  bounded  on  the 
east  by  bkick  1,  Springdale  addition,  and  extending  from  Seymour 
street  north  to  Spring  street ;  also  the  street  bounded  on  the  east 
by  northwest  quarter  of  northwest  quarter  of  southwest  quarter 
section  21,  township  57,  range  35,  by  blocks  1  and  6,  Horn  Heights 
addition,  by  block  1,  R.  W.  Donnell's  addition,  by  blocks  54  and 
85  Patee's  addition,  by  blocks  4  and  6,  Stewart's  addition,  and 
extending  from  Garfield  avenue,  nprth  to  Messanie  street ;  also 
the  street  bounded  on  the  east  by  block  23,  Carter's  addition,  by 
blocks  7  and  8,  Wilson's  addition,  and  extending  from  Charles 
street  north  to  Felix  street ;  also  the  street  bounded  on  the  east 
by  lots  16  and  3,  block  2,  Avenue  addition,  and  extending  from 
Frederick  avenue  north  to  the  north  line  of  said  lot  3,  shall  be 
called  Fourteenth  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  154]. 

Sec.  494.  Fifteenth  street. — The  street  bounded  on  the  west 
by  block  3,  Carder's  addition,  and  extending  from  south  city  lim- 
its north  to  Seymour  street;  also  the  street  bounded  oa  the  west 
by  block  1,  Springdale  addition,  and  extending  from  Seymour 
street  north  to  Spring  street ;  also  the  street  bounded  on  the  west 
by  blocks  1  and  6,  Horn  Heights  addition,  and  extending  from 
Atchison  street  north  to  Pacific  street ;  also  the  street  bounded  on 
the  west  by  blocks  53  and  85,  Patee  's  addition,  by  blocks  4  and  6, 
Stewart's  addition,  by  blocks  32  and  1,  Carder's  addition,  by 
blocks  7  and  8,  Wilson's  addition,  by  lot  1,  block  3,  Landis'  ad- 
dition, and  extending  from  Sacramento  street  north  to  the  alley 
south  of  Buchanan  avenue :  also  the  street  bounded  on  the  south- 
west by  block  1,  Landis  and  Hull's  addition,  and  extending  from 
Buchanan  avenue  nortbwest  to  Frederick  avenue :  also  the  street 
bounded  on  the  west  by  blocks  15  and  27,  Highly's  addition,  by 
blocks  22  and  1,  North  St.  Joseph  (2d)  addition,  and  extending 
fi'om  Highly  street  north  to  Moss  street;  also  the  street  bounded 
on  the  east  by  blocks  20  and  4,  Walker's  (2d)  addition,  and  ex- 
tending from  the  south  line  of  said  addition  north  to  Seventh 
avenue,  shall  be  called  Fifteenth  street.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  155]. 


ART.  I.  NAMES  OF  STREETS.  379 

Sec.  495.  Sixteenth  street. — ^The  street  bounded  on  the  west 
by  block  2,  Carder's  addition,  and  extending  from  south  city 
limits  north  to  Seymour  street ;  also  the  street  bounded  on  the  east 
by  blocks  7  and  1,  South  Park  addition,  by  blocks  13  and  18,  Horn 
Heights  addition,  thence  bounded  on  the  west  by  block  1,  R.  AY. 
Donnell's  addition  and  extending  from  Garfield  avenue  north  to 
Duncan  street ;  also  the  street  bounded  on  the  west  by  blocks  56 
and  86,  Patee's  addition,  by  blocks  3  and  1,  Stewart's  addition, 
b}^  blocks  33  and  2,  Carder's  addition,  by  block  3,  Landis'  addition, 
and  extending  from  Sacramento  street  north  to  Buchanan  avenue  ; 
also  the  street  bounded  on  the  southwest  by  block  2,  Landis  and 
Hull's  addition,  and  extending  from  Buchanan  avenue  northwest 
to  Frederick  avenue ;  also  the  street  bounded  on  the  west  by 
blocks  14  and  26  Highly 's  addition,  by  blocks  23  and  2,  North 
St.  Joseph  (2d)  addition,  and  extending  from  Highly  street  north 
to  Moss  street,  shall  be  called  Sixteenth  street.  [R.  0.  1897,  Chap. 
34,  Art.  1,  Sec.  156]. 

Sec.  496.  Seventeenth  street. — The  street  bounded  on  the 
west  by  blocks  3  and  4,  Cudmore's  addition,  and  extending  from 
south  city  limits  north  to  Southside  avenue ;  also  the  street  bound- 
ed on  the  west  by  block  9,  South  Park  addition,  and  extending 
from  Garfield  avenue  north  to  Commercial  street ;  also  the  street 
bounded  on  the  west  by  blocks  12  and  1,  South  Park  addition,  by 
blocks  13  and  18,  Horn  Heights  addition,  by  the  west  300  feet 
of  block  2,  R.  W.  Donnell's  addition,  by  blocks  55  and  87,  Patee's 
addition,  by  blocks  5  and  1,  Mayer's  (3d)  addition,  by  blocks 
34  and  3,  Carder's  addition,  by  block  4,  Landis'  addition,  and 
extending  from  Belle  street  north  to  Buchanan  avenue ;  also 
the  street  bounded  on  the  east  by  blocks  1  and  5,  Oliver  Glass  and 
Wilson's  addition,  by  blocks  12  and  24,  Highly 's  addition,  by 
blocks  25  and  4,  North  St.  Joseph  (2d)  addition,  and  extending 
from  Frederick  avenue  north  to  Moss  street ;  also  the  street 
bounded  on  the  east  by  blocks  18  and  1,  Walker's  (2d'!  addition, 
and  extending  from  the  south  line  of  the  north  line  of  said  ad- 
dition, shall  be  called  Seventeenth  street.  [R.  0.  1897,  Chap.  34, 
Art.  1,  Sec.  157]. 

Sec.  497.  Eighteenth  street. — The  street  bounded  on  the 
west  by  blocks  2  and  5,  Cudmore's  addition,  and  extending  from 
south  city  limits  north  to  Southside  avenue ;  also  the  street  bound- 


380  REVISED  ORDINANCES.  CHAP.  XIX. 

ed  on  the  west  by  block  13,  Factory  Ground  addition,  by  blocks 
10  and  2,  South  Park  addition,  by  blocks  24  and  19,  Horn  Heights 
addition,  by  block  2,  K.  W.  Donnell's  addition,  and  extending 
from  Garfield  avenue  north  to  Jackson  street;  also  the  street 
bounded  on  the  west  by  blocks  45  and  88,  Patee's  addition,  by 
blocks  6  and  2,  Mayer's  (3d)  addition,  by  blocks  35  and  4,  Carter's 
addition,  and  extending  from  Duncan  street  north  to  the  alley 
north  of  Faraon  street;  also  the  street  bounded  on  the  west  by 
blocks  2,  and  5,  Oliver,  Glass  and  Wilson's  addition,  by  blocks 
12  and  24,  Highly 's  addition,  by  blocks  25  and  5,  North  St. 
Joseph's  (2d)  addition,  and  extending  from  Frederick  avenue 
north  to  Lover's  lane;  also  the  street  bounded  on  the  west  by 
blocks  19  and  1,  Walker's  (2d)  addition,  and  extending  from 
the  north  line  to  the  south  line  of  said  addition,  shall  be  called 
Eighteenth  street.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  158] . 

Sec.  498.  Nineteenth  street. — The  street  bounded  on  the 
west  by  blocks  1  and  6,  Cudmore  s  addition,  and  extei.ding  from 
the  south  city  limits  north  to  Southside  avenue ;  also  the  street 
bounded  on  the  west  by  Boesl's  addition,  by  blocks  1  and  5, 
Seymour's  addition,  by  blocks  25  and  29,  Horn  Heights  addition, 
and  extending  from  Garfield  avenue  north  to  Sycamore  street; 
also  the  street  bounded  on  the  west  by  blocks  1  and  4,  Tapee's 
addition,  and  extending  from  Pacific  street  to  Jackson  street; 
also  the  street  bounded  on  the  west  by  blocks  46  and  89,  Patee's 
addition,  by  blocks  10  and  1,  Hall's  (2d)  addition,  by  blocks  33 
an.d  1,  Harris'  addition,  thence  bounded  on  the  east  by  blocks  8 
and  5,  Kemper's  addition,  by  blocks  6  and  22,  Highly 's  addition, 
and  extending  from  Duncan  street  north  to  the  north  line  of 
Highly 's  addition:  also  the  street  bounded  on  the  east  by  blocks 
27  and  15  North  St.  Joseph  (2d)  addition,  and  oxtenrling  from 
the  south  line  to  the  north  line  of  said  addition,  shall  be  called 
Nineteenth  street.     [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  159] . 

Sec.  499.  Twentieth  street. — The  street  bounded  on  the  Avest 
by  blocks  7  and  1,  Thomas'  addition,  and  extending  from  the 
south  line  to  the  north  line  of  said  addition ;  also  the  street  bound- 
ed on  the  west  by  blocks  1  and  4,  Maddinger's  addition,  by  Don- 
nell  Park  addition,  by  blocks  47  and  90  Patee's  addition,  by 
blocks  8  and  3,  Hall's  (2d)  addition,  by  blocks  34  and  2,  flarris' 
addition,  and  extending  from  Pacific  street  north  to  the  alley 


ART.  I.  NAMES  OF  STREETS.  381 

north  oi  Faraon  street ;  also  the  street  bounded  on  the  west  by 
blocks  8  and  14,  Kemper's  addition,  by  blocks  6  and  4.  Highly 's 
addition,  by  blocks  1  and  5,  Carbry  's  addition,  by  blocks  1  and  12, 
Oakland  Park  addition,  by  lots  1  and  5,  Benton  Place,  and  extend- 
ing from  the  alley  south  of  Mulberry  street  north  to  Moss  street, 
shall  be  called  Twentieth  street.  [R.  0.  1897,  Chap.  U,  Art.  1, 
Sec.  160]. 

Sec.  500.  Twenty-first  street. — The  street  bounded  on  the 
west  by  blocks  3  and  2,  Connett's  Place,  by  block  9,  Thomas'  ad- 
dition, and  extending  from  Garfield  avenue  north  to  the  alley 
north  of  Spring  street;  also  the  street  bounded  on  the  west  by 
blocks  5  and  2,  Thomas'  addition,  and  extending  from  Commercial 
street  north  to  the  north  line  of  said  addition ;  also  the  street 
bounded  on  the  west  by  blocks  75  and  91,  Patee's  addition,  by 
blocks  7  and  1,  Hall's  (2d)  addition,  by  blocks  35  and  3,  Harris' 
addition,  by  block  1,  Marney  Place,  and  extending  from  Penn 
street  north  to  Mulberry  street,  shall  be  called  Twenty-first  street. 
[R.  0.  1897,  Chap.  31,  Art.  1,  Sec.  161]. 

Sec.  501.  Twenty-second  street. — The  street  located  along 
the  north  and  south  quarter  section  line  of  section  21,  township 
57,  range  35,  from  the  south  city  limits  north  to  Garfield  avenue, 
thence  bounded  on  the  west  by  blocks  5  and  1,  Connett  Place,  by 
blocks  10  and  3,  Thomas'  addition,  thence  bounded  on  the  east 
b}^  blocks  9  and  2,  Gladstone  Heights  addition,  thence  located 
along  said  quarter  section  line  north  to  Pacific  street,  thence 
bounded  on  the  west  by  Maddinger's  addition,  thence  bounded 
on  the  east  by  Donnell  and  Saxton's  addition,  thence  bounded 
on  the  west  by  blocks  48  and  92,  Patee's  addition,  by  Evergreen 
addition  by  blocks  6  and  5  Hall's  (2d)  addition,  by  blocks  36 
and  4,  Harris'  addition,  thence  bounded  on  the  east  by  St.  Joseph 
Eastern  Extension  addition,  thence  bounded  on  the  west  by  Car- 
bry's  addition,  by  Oakland  Park  addition,  thence  located  north 
along  the  quarter  section  line  of  section  4,  township  57,  range 
35,  and  extending  from  south  city  limits  north  to  Lover's  lane, 
shall  be  called  Twenty-second  street.  [R.  0.  1897,  Chap.  34,  Art. 
1,  Sec.  162]. 

Sec.  502.  Twenty-third  street. — The  street  bounded  on  the 
west  by  block  9,  Gladstone  Heights  addition,  and  extending  from 


382  REVISED  ORDINANCES.  CHAP.  XIX. 

the  south  line  of  said  addition  north  to  Atchison  sti-eet;  also  the 
street  bounded  on  the  west  by  blocks  9  and  1,  Hall's  (1st)  addi- 
tion, by  Tolin  tract,  by  Rost's  addition,  by  blocKs  3  and  1,  Hall's 
(3d)  addition,  and  extending  from  the  south  line  of  Hall's  (1st) 
addition  north  to  Hermann  avenue;  also  the  street  bounded  on 
the  west  by  lots  13  and  40  of  both  block  6  and  5,  Villarosa  ad- 
dition, and  extending  from  Messanie  street  north  to  Sylvanie 
street ;  also  the  street  bounded  on  the  west  by  blocks  21  and  4,  St. 
Joseph  Eastern  Extension  addition,  and  extending  from  the  alley 
south  of  ]\Iulberry  street  north  to  Highly  street,  shall  be  called 
Twenty-third  street.      |R.  0.  1897,  Chap.  34,  Art.  1,  See.  163]. 

Sec.  503.  Twenty-fourth  street. — The  street  bounded  on  the 
west  by  blocks  10  and  2,  Gladstone  Heights  addition,  and  extend- 
ing from  the  south  line  to  the  north  line  of  said  addition ;  also  the 
street  bounded  on  the  west  by  blocks  1  and  2,  Donnell  and  Sax- 
ton's  addition,  by  blocks  15  and  2,  Hall's  (1st)  addition,  and  ex- 
tending from  Jackson  street  north  to  Penn  street  -.  also  the  street 
bounded  on  the  east  by  Frederick's  addition,  by  blocks  1  and  4, 
Hermann's  addition,  by  blocks  3  and  2,  Hartwig  and  Niebel's  ad- 
dition, by  blocks  7  and  12  Villarosa  addition,  by  blocks  30  and 
26,  Eastern  Extension  addition,  by  blocks  23  and  2,  St.  Joseph 
Eastern  Extension  addition,  and  extending  from  the  alley  south 
of  Lafayette  street  north  to  Highly  street,  shall  be  called  Twenty- 
fourth  street.      [E.  0.  1897,  Chap.  34,  Art.  1,  Sec.  164]. 

Sec.  504.  Twenty-fifth  street. — The  street  bounded  on  the 
west  by  block  11,  Gladstone  Heights  addition,  and  extending  from 
the  south  line  of  said  addition  north  to  Atchison  street ;  also  the 
street  bounded  on  the  west  by  blocks  14  and  3,  Hall's  (1st)  addi- 
tion, and  extending  from  Duncan  street  north  to  Penn  street :  also 
the  street  bounded  on  the  west  by  blocks  7  and  10,  Villarosa  addi- 
tion, by  blocks  74  and  51,  Eastern  Extension  addition,  by  blocks 
23  and  2,  St.  Joseph  Eastern  Extension  addition,  and  extending 
from  Messanie  street  north  to  Frederick  avenue,  shall  be  called 
Twenty-fifth  street.      |R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  165]. 

Sec.  505.  Twenty-sixth  street.  'IMie  street  bounded  on  the 
west  by  lots  1  and  3,  block  12,  Gladstone  Heights  addition,  and 
extending  from  the  south  line  of  said  lot  3  north  to  Atchison 
street;  also  the  street  bounded  on  the  east  by  blocks  15  and  6, 


ART.  I.  NAMES  OF  STREETS.  383 

Wyatt  Park  addition,  thence  bounded  on  the  west  by  blocks  4 
and  6,  Hermann's  addition,  by  block  2,  Hartwig  and  Neibel's  ad- 
dition, and  extending  from  Mitchell  avenue  north  to  Messanie 
street;  also  the  street  bounded  on  the  west  by  blocks  16  and  13 
Villarosa  addition,  by  blocks  73  and  50,  Eastern  Extension  addi- 
tion, and  extending  from  Messanie  street  north  to  Mulberry 
street;  also  the  street  bounded  on  the  west  by  block  43,  Eastern 
Extension  addition,  and  extending  from  Clay  street  north  to  Mul- 
berry street;  also  the  street  bounded  on  the  east  by  blocks  1  and 
4  Saxton's  Heights  addition,  and  extending  from  Frederick  ave- 
nue north  to  Osage  street,  shall  be  called  Twenty-sixth  street. 
[R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  166]. 

Sec.  506.  Twenty-seventh  street. — The  street  bounded  on 
the  east  by  blocks  1  and  2,  Grandview  addition,  and  extending 
from  Jackson  street  north  to  Duncan  street :  also  the  street  bound- 
ed on  the  west  by  blocks  15  and  2,  Wyatt  Park  addition,  and  ex- 
tending from  Mitchell  avenue  north  to  the  north  line  of  said  ad- 
dition ;  also  the  street  bounded  on  the  west  by  blocks  17  and  20, 
Villarosa  addition,  by  blocks  72  and  45  Eastern  Extension  ad- 
dition, and  extending  from  Messanie  street  north  to  Ciay  street ; 
also  the  street  bounded  on  the  west  by  blocks  3  and  4,  Saxton 
Heights  addition,  and  extending  from  Folsom  street  north  to 
Osage  street,  shall  be  called  Twenty-seventh  street.  [R.  0.  1897, 
Chap.  34,  Art.  1,  Sec.  167]. 

Sec.  507.  Twenty-eighth  street. — The  street  bounded  on  the 
west  by  blocks  3  and  4,  Grandview  addition,  and  extending  from 
Jaskson  street  to  Duncan  street;  also  the  street  bounded  on  the 
west  by  blocks  16  and  1,  Wyatt  Park  addition,  by  Villarosa  addi- 
tion, by  Eastern  Extension  addition,  thence  located  north  along 
the  line  between  sections  9  and  10,  township  57,  range  35  and 
extending  from  Mitchell  avenue  north  to  Frederick  avtnue,  shall 
be  called  Twenty-eighth  street.  [R.  0.  1897,  Chap.  34,  Art.  1, 
Sec.  168]. 

Avenues  Designated  by  Numbers. 

Sec.  508.  Third  avenue. — The  street  bounded  on  the  north 
by  blocks  16  and  17,  Walker's  (2d)  addition,  and  extending  from 
Seventeenth  street  west  to  the  west  line  of  said  addition,  shall  be 
called  Third  avenue.      [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  169]. 


384  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  509.  Fourth  avenue. — The  street  bounded  on  the  north 
by  blocks  13  and  15.  Walker's  (2d)  addition,  and  extending  from 
Eighteenth  street  west  to  the  west  line  of  said  addition,  shall  be 
called  Fourth  avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  170]. 

Sec.  510.  Fifth  avenue. — The  street  bounded  on  the  north  by 
blocks  8  and  12,  Walker's  (2d)  addition,  and  extending  from  St. 
Joseph  avenue  east  to  the  east  line  of  said  addition,  sliaK  be  called 
Fifth  avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  171]. 

Sec.  511.  Sixth  avenue. — The  street  bounded  on  the  north 
by  blocks  3  and  7,  Walker's  (2d)  addition,  and  extending  from 
St.  Joseph  avenue  east  to  the  east  line  of  said  addition,  shall  be 
called  Sixth  avenue.     [R.  0.  1897,  Chap.  34,  Art.  1,  Sec.  172]. 

Sec.  512.  Seventh  avenue. — The  street  bounded  on  the  north 
by  blocks  1  and  2,  Walker's  (2d)  addition,  and  extending  from 
Fifteenth  street  east  to  the  east  line  of  said  addition,  shall  be 
called  Seventh  avenue.      [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  173]. 

Sec.  513.  Eighth  avenue. — The  street  bounded  on  the  south 
by  block  1,  Walker's  (2d)  addition,  and  extending  from  Seven- 
teenth street  east  to  the  east  line  of  said  addition,  shall  be  called 
Eighth  avenue.     [R.  O.  1897,  Chap.  34,  Art.  1,  Sec.  174] . 

Sec.  514.  Carnegie  street. — The  street  bounded  on  the  west 
by  blocks  10  to  17,  South  St.  Joseph  Town  Company'  (2d)  ad- 
dition, and  by  blocks  3,  10  and  17,  South  St.  Joseph  Town  Com- 
pany's (3d)  addition,  and  extending  from  Indiana  street  to  Ala- 
bama street  on  the  plats  of  said  additions,  be  and  the  same  is 
hereby  named  and  designated  Carnegie  street.  [G.  0.  No.  732, 
Sec.  1]. 


ART.  II.  GRADES.  385 


ARTICLE     II. 


GRADES  OF  STREETS,  AVENUES  AND  ALLEYS. 


Section 

517.  Grades,   how  established. 

518.  At  what  elevation. 


Section 

515.  Grades  to  be  established  when 

plat  filed. 

516.  Profiles  to  be  on  same  kind  of 

paper  and   to  be   recorded   in 
feet  above  city's  datum. 

Sec.  515.  Grades  to  be  established  when  plat  filed  — No  plat 
of  any  proposed  addition  to  the  city  of  St.  Joseph  or  any  sub- 
division of  any  real  estate  in  the  city  shall  be  appro /ed  by  the 
mayor  and  municipal  assembly  unless  in  the  same  ordinance  with 
the  approval  of  such  plat  the  grades  of  all  streets,  avenues,  and 
highways  shown  on  such  plat  as  being  dedicated  to  isublic  use 
shall  be  established,  and  such  approval  shall  not  then  become 
effective  until  the  dedicators  of  such  streets,  avenues  and  high- 
ways shall  have  filed  in  the  office  of  the  city  engineer  profiles  of 
such  streets,  avenues  and  highways.      [G.  0.  No.  741,  Sec.  1]. 

Sec.  516.  Profiles  to  be  on  same  kind  of  paper  and  to  be 
recorded  in  feet  above  city's  datum. — Said  profiles  shall  be  platted 
on  the  same  kind  of  profile  paper  and  to  the  same  scale  as  the  pro- 
files of  other  streets,  avenues  and  highways  on  record  in  the  office 
of  the  city  engineer,  and  all  elevations  on  such  profiles  shall  be 
recorded  in  feet  above  the  city  datum  as  taken  from  the  pivot 
pier  of  the  Missouri  river  bridge.      [G.  0.  No.  741,  Sec   2]. 

Sec.  517.  Grades,  how  established. — All  grades  marked  on 
grade  maps  and  profiles  of  the  city  of  St.  Joseph,  or  named  in 
any  ordinance  thereof,  as  the  grades  of  the  intersections  of  two 
streets,  shall  have  direct  reference  to  and  shall  designate  the 
relative  height  of  the  point  where  the  center  line  or  axis  of  said 
two  streets  intersect.     [R.  0.  1897,  Chap.  34,  Art.  2,  Sec.  1]. 

Sec.  518.  At  what  elevation. — The  grades  of  the  following 
streets,  avenues  and  alleys  are  hereby  established  at  the  elevations 
given  herein,  in  feet  above  high  water  mark  in  the  Missouri  river, 
taken  from  the  pivot  pier  of  the  St.  Joseph  bridge: 

35 


386 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Elwood   Street. 
G.  O.  No.  Feet 

54G North    city    limitG 170 .  00 

546 Rosine 175.00 

546 Isabelle 182.00 

546 Auguste   189.00 

546 Poiilin    18G.00 

Bellevue   Street. 

546 City  limits   ISG .  00 

546 Rosine 180 .  00 

546 Isabelle    150.00 

546 Auguste   154.00 

546 Poulin    154.00 

546 Franklin   140.00 

546 Michel 120.00 

546 Louis  130.00 

546 Antoine    100 .  00 

546 Isidore 70.00 

Water  Street. 

546 Highland  avenue  ....126.00 

546 Dolman  156.00 

546 St.  Paul  180.00 

546 Market    16G .  00 

546 Chestnut    145 .  00 

546 Linn   182.00 

546 Cherry 174.00 

546 ....  Section  Line 171 .  00 

546 Rosine    152 .  00 

546 Isabelle    135.00 

546 Auguste   114.00 

546 Poulin    108 .  00 

546 ....  Franklin  123 .  00 

546 Michel  148.00 

546 .' .  .  . Louis   143 .  00 

546 Antoine  130.00 

546 Isidore    116.00 

546 Robidoux    75.00 

546 Faraon   35 .  00 

Levee  Street  or  Dewey  Avenue. 

546 City  limits 170.00 

546 Highland  Avenue 158.00 

546 Dolman   160.00 

546 St.   Paul    146.00 


G.  O.  No.  Feet 

546 Market    156 .  00 

546 Chestnut    170 .  00 

546 Linn 178.00 

546 Clierry    165.00 

5i6.  ..  .Section  line,  165  feet 
north  of  north  line  of 

Rosine    173.00 

546 ....  Eighty   feet   north   of 

north  line  of  Rosine.  .178.50 

546 Rosine   176.50 

546 Isabelle    163 .  00 

546. . .  .Half  way  between  Isa- 
belle and  Auguste.  ...155.00 

546 Auguste    140.00 

546 Poulin    100 .  00 

546 Franklin 76 .  00 

546 Michel    80 .  00 

546....  Half      way      between 

Michel  and  Louis 83.00 

704 Louis    76.00 

546 Antoine    64.00 

546 ....  Isidore 55 .  00 

546 Robidoux    38.00 

546 Faraon    25 .  00 

546 Jules    13.00 

546 Francis    3.00 

Main    Street. 

546 City   limits    210.00 

546 Highland  avenue 190.00 

54G Dolman 180.00 

546 St.  Paul    154.00 

54G Market 125.00 

546 Chestnut 1 30 .  00 

546 Linn 142.00 

54G Cherry   130.00 

546 Rosine    136.00 

546 Isabelle 122.00 

54G Auguste  108.00 

546 Poulin   104.00 

546.... North    line   of   Frank- 
lin     69.00 

540 Franklin 66.00 

546 Michel 50.00 

546 Louis 40.00 

546 Antoine 33 .  00 

546 Isidore   26.50 


ART.  II. 


GRADES. 


387 


Main   Street — Cont'd. 

G.  O.  No.  Feet 

54G Robidoux 26 .  00 

54U Faraon  29.00 

546 Jules 31.50 

546 Francis    24.50 

546 Felix IS. 00 

Secona  Street. 

546 City  limits 205.00 

546 Highland  avenue    188.00 

546 Dolman    170 .  00 

546 St.  Paul  152 .  00 

540 Market 122 .  50 

546 Chestnut 100.00 

546 .:.  .  Linn    98 .  00 

546 Cherry    110.00 

546 Rosine 77 .  00 

546 Isabelle 70 .  00 

546.  . .  .Auguste  62.00 

546 Poulin    54.00 

546 Franklin    46.00 

546 Michel 39.00 

546 Louis   32.50 

546.  . .  .Antoine    28.00 

546 Isidore   31 .  50 

546 Robidoux    40.00 

546 ....  Faraon  48 .  50 

546 ....  Jules 45.50 

546 ....  Francis  30.00 

546 ...  .  Felix 22 .  00 

546 Edmond    19.00 

546 Charles    15.50 

546 Oak 6.00. 

546 Cedar   5.00 

546 Atchison 4 .  00 


546. 


546.. 

546.. 
546.  . 

546.. 
546.. 


Third    Street. 

..North  line  of  St. 
Joseph  Extension  ad- 
dition   166.00 

..Alley  north  of  High- 
land avenue    160 .  00 

. .Highland  avenue  .  . .  .168.00 
.Alley  between  Dolman 
and  Highland  avenue.  .170.00 

.  .Dolman 167.00 

..St.  Paul   140.00 


G.  O.  No.  Feet 

546 ....  Market    113 .  00 

546 ....  Chestnut   95 .  00 

546 ....  Linn    74 .  00 

546 Cherry   69 .  00 

546.  ..  .Savannah  avenue  ....   64.30 

546.  .  .  .Albermarle 63.50 

546 ....  Rosine    57 .  00 

546 ....  Isabelle    43 .  00 

546.  ..  .Auguste    38.00 

546 Poulin    39 .  00 

546 ....  Franklin 40 .  50 

546 .  .  .  .Michel    37 . 50 

546. ...Louis  34.50 

546.  ..  .Antoine    44.50 

546 ....  Isidore   54 .  50 

546 Robidoux    64 .  00 

546 Faraon  71 .  00 

546 Jules    60.00 

546 ....  Francis    46 .  00 

546 Felix    30.50 

546.  ..  .Felix,    northeast    cor- 
ner      30.50 

546.  ..  .Felix,    southeast    cor- 
ner       29.83 

546.  ..  .Felix,    northwest   cor- 
ner       30.00 

546.  ..  .Felix,    southwest    cor- 
ner       29.25 

546 Edmond    23.00 

546 Charles 20.00 

546 Sylvanie 16.00 

546 Angelique    13.00 

546 Messanie    10 .  00 

546 Locust    9.00> 

546 Mary    7.40 

546 Patee    5.00i 

546 Oak    8.OO1 

546 Cedar  6.50> 

546.  ..  .Atchison 5.00 

Fourth   Street. 

546 North      line      of      St. 

Joseph  Extension  ad- 
dition    146.00 

546.... First    alley    north    of 

Highland  avenue  ....140.00 

546 Highland  avenue  ....  128 .  00 


388 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Fourth   Street — Cont'd. 
G.  O.  No.  Feet 
546 Alley     between     Dol- 
man street  and  High- 
land avenue    133 .  00 

546 Dolman    140.00 

546 120    ft.    north    of    the 

north  line  of  St.  Paul.  138. 00 

546 North  line  of  St.  Paul. 130. 00 

546 South  line  of  St.  Paul.129.00 

546 120  ft.  north  of  Wash- 
ington   avenue 120 .  00 

546 Albemarle  46.00 

546 Rosine    42 .  00 

546 Half      way     between 

Rosine  and  Isabelle.  .   38.00 

546 Isabelle    3C.00 

546. . .  .Half  way  between  Isa- 
belle and  Auguste....  35.00 

546 Auguste    36.00 

546 Poulin   38.00 

546 Franklin    40 .  00 

546 Michel    42.00 

546 Louis 56.00 

546 Antoine    78.00 

546 Isidore   94.00 

546 Robidoux    97.00 

546 Faraon    92.00 

546 Jules    78.00 

546 Francis 61 .  00 

546 Felix    40.00 

546 Edmond    30.00 

546 Charles    24.00 

546 Sylvanie  19.00 

546 Angelique    15.50 

546 Messanie    12.00 

546 Locust    11.50 

546 Mary  10.30 

546 Patee    9.50 

546 Olive    7.50 

546 Lafayette   8.50 

546 Seneca  10.00 

546 Mitchell  avenue 11.00 

546 Renick  12.00 

546 Sacramento    12 .  75 

54G 150  ft.  south  of  Sacra- 
mento    13.00 

54C Monterey    8.50 

5-46 Duncan 7.00 


G.  O.  No.  Feet 

546. ..  .Doniphan  avenue  ....  7.75 

546 Jackson   8.50 

681 Scott   8.00 

681 Maple    7.00 

681 Sycamore 8 .  25 

681 Hickory    9.25 

681 Walnut   8.00 

681 Oak    6.75 

681 Cedar   5.50 

546 Atchison 7.00 

Fifth   Street. 

04  6 North      line      of      St. 

Joseph  Extension  ad- 
dition    124.00 

546.... First    alley    north    of 

Highland  avenue    121.00 

546 Highland  avenue    ....110.00 

546 Albemarle 42.00 

546 120    ft.    north    of   Isa- 
belle      38.00 

546 Isabelle    43.00 

546 Auguste    63.00 

546 Poulin    88.00 

546....  Half     way      between 

Poulin  and  Franklin. .  100 .  50 

546 Franklin    88.00 

546 Michel    72.00 

546 Louis    90.00 

546 Antoine    128.00 

546. . .  .Half  way  between  An- 
toine and  Isidore. .. .141.50 

546 Isidore    139.00 

546 Robidoux    127 . 00 

546 Faraon  106 .  50 

54b Jules    85.00 

546 Francis  63.00 

546 Felix    48.00 

546 Edmond    36.00 

546 Charles    28.00 

h46 Sylvanie    23.00 

546 Angelique    18.00 

540 Messanie    15.00 

546 Mitchell  avenue 15.00 

546 500  ft.  south  of  south 

line   of  Mitchell    ave- 
nue      13.50 


ART.  II. 


GRADES. 


389 


Fifth   Street— Cont'd. 

G.  O.  No.  Feet 

750 Monterey   11.50 

750 Duncan 11 .  00 

750.  . .  .Doniphan  avenue  ....  10.50 

750 Jackson    10.00 

750 Scott   10.50 

750 Maple    11.00 

750 Sycamore 12 .  00 

750 Hickory    12.50 

750 Walnut   13.00 

750 Oak    12.50 

750 Cedar  13.00 

Bartlett  Street. 

546 Monterey   9.00 

546 Duncan    8.50 

540.  ..  .Doniphan  avenue   ....  9.00 

546 .Jackson    8.50 

546 Scott    8.00 

546 Pacific    7.50 

546 Maple    8.00 

546 Sycamore    9 .  50 

546.... Hickory  10.75 

546 Walnut    11.50 

546 Oak    12.50 

546 Cedar   12.00 


634. 


546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
5IG. 
546. 
546. 
546. 


Sixth  Street. 
.Moss   street   (in   Har- 
din   Place)    produced 

west    105.00 

.  Albemarle    42 .  00 

.Isabelle    53.00 

.Auguste    64.00 

.Poulin    87.50 

.Franklin    111.00 

.Michel    114.00 

.Hall   120.00 

.Louis 120.00 

.Antoine    130.00 

.Isidore    116.00 

.Robidoux    102.00 

.Faraon 88.00 

..Tules 76.50 

-Francis    68.00 

.  Felix    58 .  00 

.Edmond    44.00 

.Charles 31.50 

.Sylvanie    26.50 


G.  O.  No.  Feet 

546 ....  Angelique    22 .  00 

546. . .  .Messanie    18.50 

546.  ..  .Locust    16.00 

546 Mary    15.00 

546 Patee    13.50 

546 Olive   12 .  00 

546 Lafayette    10 .  00 

546 Seneca    11.00 

546 350  ft.  north  of  Mitch- 
ell avenue  14 .  25 

546 Mitchell   avenue    14 .  25 

546 400     feet      south     of 

Mitchell  avenue 14 .  25 

546 175  ft.  north  of  Mon- 
terey street,  east   ....   12 .  40 

546 Monterey,  west    12.00 

546 Duncan 11.50 

546.  ..  .Doniphan  avenue  ....    10.60 

546 Jackson   10.25 

546 Scott   9.50 

546 Pacific    9.00 

546 Maple    9.80 

546 Sycamore    11 .  00 

546 Hickory    12.25 

54G Walnut   13.75 

546 Oak    15.50 

546 Cedar    15.00 

546 Atchison    14.00 

703 1360  ft.  south  of  north 

line  of  Cedar 18.00 

7i>3 2106  ft.  south  of  north 

line  of  Cedar 45.10 

703 2145  ft.  south  of  north 

line  of  Cedar 45.35 

703 2445  ft.  south  of  north 

line  of  Cedar 45.35 

703.  ..  .Intersection    of    west 
line    of    Sixth    street 
with  King  Hill  avenue  42 .  00 
Grape   Street. 

546 Broadway   204.00 

546. . .  .Alley   between    Madi- 
son and  Broadway.  .  .212.00 

546 Madison    195 .  00 

546 Monroe   162 .  00 

54o ....  Concord  avenue   138 .  00 

546. ..  .Hamburg  avenue 140.00 

546 Shady  avenue    124.00 


390 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Diana  Street. 


G.  O.  No. 


Feet 


546 Broadway    200.00 

546 Madison 1G5 .  00 

546 Monroe    135.00 

546.  ..  .Concord  avenue 110.00 

546 ....  Hamburg  avenue  ....  Iu6 .  00 
546.... Alley  between   Shady 
avenue  and  Hamburg 

avenue    108.00 

546 Shady  avenue 102.00 

Seventh    Street. 

800 Van  Brunt  avenue.  ..  103.00 

800 McDonald  street   121.00 

800 Peach  Tree  avenue.  .125.00 

80u....At    alley    between 
Peach     Tree     avenue 
and  Shady  avenue.  .  .100.00 
546.... North  line  of  Hardin 

Place   addition    92.00 

546.... Moss   street  or   north 
line  of  St.  Joseph  Ex- 
tension addition    ....   80.00 
634.... Moss   street    (in   Har- 
din Place)    86.00 

546.  ..  .Richardson    62.00 

546....  Half  way  between 
Richardson  and  Pen- 
dleton       80.00 

546 Pendleton     83 .  00 

546. . .  .Alley  between  Pendle- 
ton and  Albemarle...  81.00 

546 Albemarle 87.00 

546 Lincoln 92.00 

o46 Powell    94.00 

546.... Alley   between    Corby 

and  Powell    90.00 

546 Corby    92.50 

546 Hall    148.00 

546 550    ft.    north    of    the 

north    line     of    Robi- 

doux   127.00 

546 Robidoux,  east  94.00 

546 Rol)idoux,  west   93.00 

546 Faraon    90.00 

546 .Jules    93.00 

546 Francis    77 .  50 

546 Felix    58.00 


G.  O.  No.  Feet 

546 Edmond 43.00 

546 Charles    36 .  00 

546 Sylvanie   28 .  00 

546.  .  .  .Angelique    24.00 

546.  . .  .Messanie    21.00 

546 Locust    16.00 

546 Mary    14.50 

546 Patee    13.00 

546 Olive    11.00 

Catawba   Street. 

546 Broadway    164 .  00 

546.  .  .  .Madison i:!^.0() 

546 Monroe   105 .  00 

546. . .  .Concord  avenue 85.00 

546.  ..  .Hamburg  avenue    ...   80.00 
546 Shady  avenue   76.00 

Eighth   Street. 

546 .Jefferson    63.00 

546 Woodson    70 .  00 

546 Richardson   82.00 

546 Pendleton    100 .  00 

653 .  . .  .  E.     curb     line      Albe- 
marle   112.40 

546 Albemarle    Ill .  00 

653 W.     curb     line,    Albe- 
marle   109.00 

622 Lincoln   114 .  00 

546 Hall   158.00 

546....  Alley     between     Hau 

and  Robidoux    127 .  50 

546 164  ft.  north  of  north 

line   of  Robidoux    ...104.00 

546 Robidoux    98 .  00 

546 Faraon    110.00 

546 Jules    89.00 

546 Francis 66.00 

546 Felix 48.00 

546. ..  .Frederick  avenue  ....   48.00 

546 Edmond    50.50 

546 Charles    53.50 

546 Sylvanie  43.00 

546 Angelique    32.00 

546 Messanie    23.00 

546 Locust    18.00 

546 Mary   15.00 


ART.  II. 


GRADES. 


391 


G.  O 

54G. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
791. 


546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 

546. 

546. 
546. 
546. 
546. 

546. 
546. 
546. 
546. 
546. 

546, 

546. 
546. 
546. 

546. 


Eighth    Street — Cont'd. 

,  No.  Feet 

.  .  .Patee    13.00 

.  .  .Olive   14.00 

. . .  Lafayette  16 .  00 

. .  .Seneca    17.00 

.  ..Penn    18.00 

. .  .Mitchell  avenue 19.00 

. .  .Renick    22.50 

.  .  .  Sacramento  19 .  00 

. .  .Monterey l(j.50 

.  .  .  Duncan 15.00 

...Doniphan  avenue    ...  14.00 

.  .  .  Jackson   13.25 

...Scott    12.50 

...Pacific    12.00 

. .  .  Sycamore 13 .  00 

.  .  .Hickory    14.00 

. .  .Atchison 22.00 

Ninth    Street. 

. .  .Albemarle  135.00 

...Lincoln  137.00 

...Powell 150.00 

...Corby  151.00 

.  .  .  Ridenbaugh 155 .  00 

...Hall  143.00 

...Church  131.50 

.  .  .  Northwest      corner 

Snyder  tract   114.00 

. .  .160  ft.  north  of  Robi- 

doux   106.40 

.  ..Robidoux    115.00 

.  .  .Faraon    98.00 

...Jules    70.00 

. .  .Alley    between    Jules 

and  Francis    60.50 

. .  .Francis   56.00 

...Frederick  avenue    ...    56.00 

...Felix 59.00 

.  ..Edmond    74.00 

...120    ft.    north    of    the 

nortn  line  of  Charles.   82.00 

...Charles    85.00 

.  .  .Sylvanie  71.00 

.  .  .  Angelique    55 .  50 

.  .  .150    ft.    north    of    the 

north  line  of  Messanie  43.00 
. .  .Messanie 37.00 


G.  O.  No.  Feet 

546 116    ft.    south    of    the 

south  line  of  Messanie  3z.50 

546 Locust    26.00 

546 Mary   20.75 

546 Patee 18.00 

546 Olive     15.50 

546 Lafayette   16.50 

54G Seneca  18.00 

546 Penn    19.00 

546 Mitchell  avenue    21.00 

546 Renick   24.00 

546 ....  Sacramento 21 .  00 

546 Monterey    18.50 

546 Duncan    17.50 

546.  ..  .Doniphan  avenue    ...  16.00 

546 Jackson    14.50 

546 Scott    13.50 

546 Pacific 13.00 

546 Sycamore 14 .  00 

546 Hickory  15.00 

791 Atchison    23.50 

Spruce  Street. 

546 Broadway    12s. 00 

546 Madison    103.00 

546 Monroe   81 .  00 

Dearborn  Street. 

546 Broadway   94.00 

546 Madison    78.00 

Tenth  Street. 

546 Highland  avenue    60.00 

546 Douglas   56.00 

546.... Grand    avenue    52.00 

793 Jefferson   88.00 

793.... North    line    of   Wood- 
son street,  west 108.00 

793 ...  .  South    line    of   Wood- 
son street,  east 112.00 

793 Richardson      street 

center   line    132.00 

793 Pendleton    149 .  00 

546 ...  .  Albemarle 1 66 .  00 

546 Lincoln    170 .  00 

546 Powell    162.00 


392 


REVISED  ORDINANCES. 


CHAP.  XIX. 


G.  O. 

546. 
546. 
546. 

546. 
546. 
546. 


546. 


546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 

546. 
546. 
546. 
54G. 
546. 
546. 
546. 
546 
546 
546 
546 
546 
546 
546 
546 
791 

79i 

791 


Tenth    Street — Cont'd. 
No.  Feet 

..Corby    148.00 

. .  Ridenbaugh 135 .  00 

, . .  Opposite      center     of 

Henry   124.00 

.  ..Cnurch    127.00 

...Isidore   130.00 

...250    ft.    north    of    the 

north    line    of    Robi- 

doux 128.00 

...140    ft.    north    of    the 

north     line     of    Robi- 

doux 123.00 

.  ..Robidoux    109.00 

. .  .Faraon    83.00 

...Jules    65.00 

...Frederick  avenue    ...   64.00 

...Francis    62.50 

...Felix    81.00 

...Edmond    102.00 

...Charles    113.00 

. .  .  Sylvanie  99 .  00 

. .  .Angelique    83.00 

. .  .Messanie    63.00 

...Locust    43.00 

...Patee 30.00 

..  .Olive   25.00 

. .  .Lafayette   22.00 

...Seneca    20.00 

Penn    22.00 

...Mitchell  avenue    24.00 

Renick    26.00 

. . . .  Sacramento    24  .  50 

....Monterey    21.50 

Duncan    10.50 

....Doniphan  avenue    ...    17.50 

. . . .  Jackson   Ifi .  50 

Scott   18.00 

Pacific    19.50 

Sycamore 1 8 .  00 

Hickory  21.00 

250  ft.  north  of  Atchi- 
son       26.00 

.  .450  ft.  north  of  Atchi- 
son      27.00 

.  .Atchison      at     center 
line  of  Tenth 25.00 


Clark   Street. 
G.  O.  No.  Feet 

546 Broadway    76 .  00 


Eleventh  Street. 

546 Highland  avenue 93.00 

546 Douglas   71 .  00 

546 Grand  avenue 55 .  00 

546 200  ft.  south  of  Grand 

avenue    57 .  00 

546 600  ft.  south  of  Grand 

avenue  70.00 

54G.  .  .  .Highly  (section  line)  .120.00 

.546 Lincoln 137.00 

546 Half     way      between 

Lincoln  and  Powell.  .146.00 

546 Powell    153.00 

546 Corby  144.00 

546 Ridenbaugh   153 .  00 

546 Henry    156.00 

546 Church    159 .  00 

546.  . .  .Alley  between  Church 

and  Isidore   158.00 

546 Isidore 143.30 

546.  . .  .Faraon  and  Frederick 

avenue    80 .  00 

546 .Jules    68.00 

546 Francis  73 .  50 

546.... Felix    128.00 

546.  .  .  .Edmond    153.00 

546. . .  .Half  way  between  Ed- 
mond and  Charles.  .  .154.00 

546 Charles    150.00 

546 Sylvanie  131.00 

546 Angelique    125.00 

546 Messanie    97.00 

546  ....  T>ocust    77  .  50 

546 Patee 57  00 

546 Olive   47.50 

546 Lafayette  36 .  00 

546 Seneca    28.00 

546.... Penn    24.00 

546 Mitchell  avenue 26.60 

546.... Renick    28.00 

546 Sacramento    26 .  00 

546. ..  .Monterey    23.25 

546 Dnncnn   22.00 

546. ..  .Doniphan  avenue    ...   20  50 


ART.  II. 


GRADES. 


393 


Eleventh   Street — Cont'd. 
G.  O.  No.  Feet 

546 Jackson    19.00 

54C Scott    21.00 

546 Pacific    23.50 

546 Sycamore    28.50 

546 Hickory    27.50 

546 2600  ft.  north  of  Atchi- 
son      26.50 

546 2000  ft.  north  of  Atchi- 
son      28.50 

546 1350  ft.  north  of  Atchi- 
son      26.50 

546 1000  ft.  north  of  Atchi- 
son      28.50 

546 500  ft.  north  of  Atchi- 
son      32.00 

546 Atchison 28 .  50 

Vine  Street. 

546 Locust   102 .  00 

546 Patee    91.00 

546 Olive    68.50 

546 Lafayette    56.00 

546 Seneca  48.00 

Twelfth    Street. 

546 Alley   north   of   High- 
land avenue  125.00 

5*6 ....  Highland  avenue   ...  .112 .  00 

546 Douglas   85.00 

546.... Alley  north  of  Grand 

avenue    72.00 

546.... Grand  avenue   65.00 

546 Boyd 63.00 

546 300  ft.  south  of  Boyd. .    66 .  00 

546 ....  Opposite    center    line 

of  Holman 80.00 

540.  ..  .Opposite    center    line 

of  Beattie    106.00 

546 Highly    134.00 

546 Lincoln    169.00 

546....  Alley     between     Lin- 
coln and  Powell 171.00 

546 Powell 168.00 

546 Corby 161.00 

546 Ridenbaugh 177.00 

546.... Alley  between  Riden- 
baugh and  Henry 178.00 

546 Henry   169 .  00 


G.  O.  No.  Feet 

546 Church    146.00 

546 Isidore   122.00 

546 300    ft.    north    of    the 

north    line    of    Fred- 
erick avenue 123 .  00 

546. ..  .Frederick  avenue   ...   93.00 

546 Faraon    76 .  00 

546 75    ft.    south    of    the 

south  line  of  Faraon.   72.00 
546....  Half      way      between 

Faraon  and  Jules 73.00 

546 Jules    74.20 

546....  Half      way      between 

Jules   and   Francis...  76.00 

546 Francis  81 .  50 

546 Felix    100.00 

546 Edmtod    126.00 

546 Charles    151.00 

546 Sylvanie    162 .  00 

546 Angelique   168 .  00 

546.  . .  .Half  way  between  An- 
gelique and  Messanie.160.00 

546 Messanie    139.00 

546 Olive    87.00 

546 Lafayette  79.00 

546 Seneca  63.00 

546 Penn    47.00 

546 100  ft.  south  of  Penn. .   42 .  50 

546 Mitchell   avenue    33.00 

546 Renick   29 .  00 

546 Sacramento    30 .  00 

546 Monterey    28.70 

546 Duncan    27 .  35 

540 ...  .  Doniphan  avenue 26.00 

546 Jackson  27 .  35 

546 Scott    28.70 

546 Pacific    30.00 

546 Sycamore 36 .  00 

546 Hickory  42.00 

546 South    line    of    South 

St.  Joseph  addition. . .   50.50 
546. ..  .Opposite     south     line 
lot  9,  block  1,  Lee  and 
Hardman's    addition..  57.00 

546 50  ft.   south  of  south 

line   of   Zimmerman's 

addition  65.00 

546 Atchison    42.00 


394 


REVISED   ORDINANCES. 


CHAP.  XIX. 


G.  O. 
755. 
755. 
755. 
755. 

54G. 
546. 
54G. 
546. 
546. 
546. 
546. 
546. 

546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
.6u0. 

546. 
546. 
546.. 
546.  , 
546.. 
546.. 
540.. 
546.  . 


546. 
546. 
783. 


546. 

546. 

546. 
783. 

546. 


Thirteenth    Street. 
No.  Feet 

.  . .  Moss  street 166 .  00 

.  .  .  Highland  avenue  ....  150 .  00 

...Douglas   108.00 

. .  .At      alley      norih     of 

Grand  avenue   89.00 

. .  .  Grand  avenue    76 .  00 

,  ..Boyd    72.00 

.  .  .320  ft.  south  of  Boyd.    67.00 
.  .Opposite  Holman  ....   96.00 

.  .Beattie    130.00 

..Highly    154.00 

.  .Lincoln  175.00 

..Alley  between  Lin- 
coln and  Powell 177.00 

..Powell    174.00 

..Corby    171.00 

.  .Ridenbaugh 175.00 

.  .Henry  (north  side)  .  ..161.00 

.  .Henry   163.50 

..Henry  (south  side) .  ..160.00 
.  .North  line  of  Church.. 137. 00 
.  .South  line  of  Church. .134. 00 
.  .175  ft.  north  of  Fred- 
erick avenue   113.00 

..Frederick  avenue    ...100.00 
..Buchanan  avenue  ....  78.00 

.  .  Faraon    80 .  00 

.  .Jules    96.00 

.  .Francis  102.00 

.  .Felix    107.00 

.  .Edmond  117.75 

.  .Half  way  between  Ed- 
mond and  Charles.  .  .122.50 

..Charles    132.50 

.  .Sylvanie   160.00 

.  .Messanie,  at  center 
line  Thirteenth  and  on 
south  line  of  Mes- 
sanie     153.00 

..600    ft.    north    of    the 

center  of  Patee 162.00 

.  .200  feet  north  of  cen- 
ter of  Patee 158.00 

..Patee    141.00 

.  .  243  ft.  north  of  north 

line  of   Olive    136.00 

..Olive    107.00 


G.  O.  No.  Feet 

546 Lafayette   105 .  00 

546 Seneca  85.00 

546 Penn    51.00 

546 Mitchell  avenue  35.50 

546 Renick   36 .  00 

546. ..  .Sacramento    32.50 

546 Monterey    32 .  00 

546 Duncan 36.00 

546.  ..  .Doniphan  avenue    ...   34.00 

546 Jackson   36 .  00 

546 Scott    34.00 

546 Pacific    36.00 

546. . .  .Half  way  between  Pa- 
cific and  Sycamore...  44.00 

546 Sycamore    47 .  00 

546 Hickory    70.00 


Fourteenth   Street. 

.At  a  point  50  ft.  south 
of  north  line  of  Ave- 
nue addition   135 .  00 

.At  a  point  300  ft. 
north  of  north  line  of 
Frederick  avenue   ...133.00 

.Felix    131.00 

.Charles 136.00 

.Messanie  152.00 

.160  ft.  south  of  Mes- 
sanie     156.00 

.Locust    147.00 

.260  ft.  north  of  north 

line  of  Patee 138.50 

.Patee 125.00 

.Olive   122.00 

.Lafayette   108.00 

.Seneca  88.00 

.Penn    53.00 

.Mitchell  avenue   37.00 

.Sacramento  35.00 

.Pacific     62.00 

.  Sycamore    56 .  00 

.Hickory  88.00 

.Walnut   128.00 

.Oak 120.00 

.Cedar  80.00 

.Atchison    57.00 


841. 


841. 


546. 

.j46. 
546. 
546. 

614. 
6i4. 


546. 
546. 
546 . 
.'')46. 
546. 
546. 
546. 
546. 
636. 
577. 
645. 

r.45. 

645. 
645. 


ART.  II. 


GRADES. 


395 


G.  O.  No.  Feet 

Poplar  Street. 
546 Duncan    105.00 


Mt.    Mora    Road. 

546.  . .  .Entrance  to  cemetery.134 . 50 
546 600  ft.  north  of  Fred- 
erick avenue    127 .  50 

546.  ..  .Frederick  avenue   ...   99.00 

Fifteenth  Street. 

546 Grand  avenue   90 .  00 

546 Boyd    78.00 

546 185   ft.  north   of   Hol- 

man    72.00 

546 Holman    82.50 

546 Beattie 122.00 

546 Highly    146.00 

546 Section    line     180    ft. 

north  of  Faraon    92.00 

546 Faraon    98.00 

546 Jules    131.00 

546 Francis   152 .  00 

546 Felix    163.00 

546 Edmond    166.00 

546 Charles  163.00 

546 Sylvanie   165.00 

546. . .  .Half  way  between  Syl- 
vanie and  Angelique.  .16G.0O 

546 Angelique    159.00 

546 Messanie    137.00 

546 Locust   138.50 

546 120  feet   south  nt  Lo- 
cust     135.00 

546 Patee    108.00 

546 Olive    90.00 

546 Lafayette    88.00 

546 Seneca   70.00 

546 Penn    48.00 

546 Mitchell   avenue 37.50 

546 Sacramento   43.00 

546 Pacific    76.00 

645.... Alley  between  Pacific 

and  Sycamore 70.00 

645 Sycamore 72.00 

645 Hickory   110.00 

645 Walnut    146.00 


G.  O.  No.  Feet  • 
756 150  feet  south  of  Wal- 
nut   159.50 

045 Oak    125.00 

G45 Cedar   84.00 

045 Atchison 90.00 

Landis  or  Fifteenth  Street. 

546.... Alley  between  Buch- 
anan avenue  and 
Frederick  avenue    ...    85.00 

J  4  G.  ..  .Buchanan  avenue    ...    86.00 

Sixteenth  Street. 

546 Grand   avenue    110.00 

546 Boyd    105.00 

546 250  feet  north  of  Hol- 
man        88.00 

546 Holman    85.00 

546 Beattie    110.00 

546 Highly 132.00 

546.  ..  .Frederick    avenue    at 

Mt.  Mora  road. 99.00- 

546 Section   line   180   feet 

north  of  Faraon 120.00 

546 Faraon    118.00 

546 Jules    117.75 

546 Francis    133.75 

546 Felix 158.00 

-.46 Edmond    177.50 

546 Charles  162.00 

-,46 Sylvanie   146 .  00 

546 Angelique    140.00 

546 Messanie    124.00 

516 Locust    115.00 

546 Patee    95.00 

546 Olive    64.00 

546 Lafayette   61.00 

546 Seneca   50.00 

546 Penn    43.00 

r,46 Mitchell  avenue 46.00 

546 ....  Sacramento    54 .  00 

.'->46 Duncan    127 .  50 

546 400  feet  south  of  Dun- 
can     157.50 

546 600  feet  south  of  Dun- 
can     152.50 


396 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Sixteenth   Street — Cont'd. 
G.  O.  No.  Feet 
546 800  feet  south  of  Dun- 
can     140.00 

546 Pacific    80.50 

546.... Alley  between  Pacific 

and  Sycamore   78.00 

546 Sycamore    88 .  00 

803 Hickory   126 .  00 

707 Walnut    167.00 

809 150  feet  south  of  Wal- 
nut   17G.00 

645 Oak    138.00 

645 160    feet    north    of 

Cedar   115.00 

645 Cedar   110.00 

645 ....  Half  way  between 

Cedar  and  Atchison.  .118.00 

G45 Atchison  110.00 

546 Garfield    43.00 

Hull   Street  or  Sixteenth. 

546.  . .  .Alley  between  Buch- 
anan and  Frederick 
avenue   9 1 .  00 

546.  ..  .Buchanan  avenue    ...    94.00 

Linwood  Avenue. 

546 Center    52.00 

546 Commercial 43 .  50 

Seventeenth  Street. 

546 Grand  avenue   136.00 

546 Boyd    112.00 

546 320  feet  north  of  Hol- 

man    90.00 

546 Holman    87 .  50 

546.  . .  .Alley  between  Seattle 

Holman    92.00 

546 Beattie    106 .  00 

546 Highly 129.00 

546 Jones 148.00 

546.... Alley    between    Jones 

and  Howard  143.00 

546 Howard     133 .  00 

546 Colhoun  110 .  00 


G.  O.  No.  Feet 
861....  Alley    between    Fred- 
erick avenue  and  Col- 
houn     103.00 

546 Union    100 .  00 

546.  ..  .Frederick  avenue    ...    96.00 

546.  ..  .Section   line    147.50 

546 Faraon    149.00 

546 Jules 139 .  00 

546 Francis    148 .  00 

546 Felix    153 . 00 

546 Edmond   163.00 

546 Charles  167 .  00 

546 Sylvanie    160 . 00 

546 Angelique    137.00 

546 ...  .  Messanie    107 .  50 

546 Locust    102.50 

546 Patee    78.00 

546 Olive     01  .00 

546 Lafayette   51 .  00 

546. .. .Seneca    46.00 

546 Penn    43.00 

546 Mitchell  avenue 65.00 

546 ....  Sacramento    74 .  00 

728 Monterey    80 .  00 

728 Duncan   114.00 

827.  .  .  .At  alley  on  nort.i  line 
of  Geiwitz  subdivis- 
ion     10". CO 

827 At    a    point    330    feet 

north  of  north  line  of 
lot  31,  Geiwitz  subdi- 
vision    131.00 

591 Pacific    84.00 

645.... Alley  between  Pacific 

and  Sycamore    83.00 

G45 ....  Sycamore 94 .  00 

645 Hickory   130.00 

645 120  feet  north  of  Wal- 
nut     155.00 

707 Walnut    IC7.00 

645 Oak    136.00 

645 Cedar   114.00 

645 Atchison  96 .  00 

Eighteenth   Street. 

748 Grand  avenue   138.00 

540 Boyd    114.00 

546 200  feet  south  of  Boyd  94.00 


ART.  II. 


GRADES. 


397 


Eighteenth   Street — Cont'd. 
G.  O.  No.  Feet 

546 320  feet  nortn  of  Hol- 

man    92.00 

546 Holman    90.00 

546 Beattie    110 .  00 

546.... Alley  between  Highly 

and  Beattie  118.50 

546 Highly    131.00 

546 Jones    145.00 

546.... Alley    between    Jones 

and  Howard    144 .  00 

546 Howard    137 .  00 

546 Colhoun    106.00 

546 Frederick  avenue    ...  105 .  00 

546 Mulberry    124  .  00 

546 Section   line    180   feet 

north  of  north  line  of 

Faraon    149.00 

546 Faraon  166.00 

546 120  feet  north  of  north 

line  of  Jules   168.00 

546 Jules    165.00 

546 120  feet  north  of  north 

line  of  Francis    107.50 

546 Francis    166.50 

546 Felix 148.00 

546 Edmond 134 .  00 

546 Charles 132.00 

546 Sylvanie    135 .  00 

546 Angelique    132.50 

546 Messanie    99.00 

546 160  feet  south  of  south 

line  of  Messanie 83.00 

546 Locust    77.00 

546 Patee    61.00 

546 Olive    54.00 

546 Lafayette    48.00 

546 Seneca    44.50 

546 Penn    48.00 

546 Mitchell  avenue    84.00 

546 Sacramento    104 .  00 

546 Monterey    106 .  00 

546 Duncan 144 .  00 

546 Pacific,  west   103 .  00 

546 Pacific,  east  109.00 

546 Sycamore    100 .  00 

546 Hickory    134.00 


G.  O.  No.  Feet 
645 70  feet  north  of  Wal- 
nut     162.00 

707 Walnut    171.00 

645.... Oak    130.00 

645 Cedar    99. qo 

645. ..  .Atchison    83.00 

546 Belle    61.00 

546 Center    52 .  00 

546 Garfield  avenue,  east.    39.50 

546 Commercial    46.80 

Hallack  Street. 

546 East   center   line   and 

alley     between     Clay 

and  Union    150.00 

546 120  feet  north  of  Clay.153.00 


748. 

748. 
748. 
792. 
546. 
546. 
546. 

546. 
546. 
546. 


546. 
546. 
546. 

546. 

546. 
861. 

546. 
861. 

546. 
546. 
546. 


Nineteenth  Street. 

.160     feet     north     of 

Grand   avenue    131 .  00 

.Grand  avenue   112.00 

•Boyd 104.00 

.  Holman 94.00 

.Beattie    125.00 

•Highly   159.00 

.Alley  between  Highly 
and  Jones  1 63 .  00 

•  Jones    154.00 

.Howard   126.00 

.Alley  between  How- 
ard and  Frederick 
avenue    116.00 

.Frederick  avenue    ...112.00 

•  Union    132.00 

.110  feet  north  of  north 

line  of  Clay   163.00 

.Alley  between  Union 
and  Clay    160.00 

•  Clay 158.00 

.Alley     between     Clay 

and  Mulberry 1 37 .  00 

.Mulberry  127.50 

.Alley  between  Mulber- 
ry and  Faraon   1 32 .  no 

.  Faraon    142 .  50 

•  Jules    163.00 

.Francis   169.00 


398 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Nineteenth    Street — Cont'd. 
G.  O.  No.  Feet 

546 Felix    1G4.00 

546.  .  .  .Edmond   142.U0 

546 Charles  1 23 .  UO 

546 Sylvanie   107.00 

546 Angelique    104.00 

546 Messanie  86 .  00 

546 Alley  160  feet  soiitli  of 

Messanie 76.00 

546 Mary    62.00 

546 Olive    52.00 

546 Lafayette   47 .  00 

546 Seneca  74 .  00 

546 Penn 76 .  00 

546 Mitchell  avenue 88.00 

546 ....  Sacramento  134 .  00 

546 Monterey    124 .  00 

546 Duncan   158.00 

546 Pacific    117.00 

546 Belle    67.00 

546 175  feet  north  of  Com- 
mercial       G2.0(l 

546 ....  Commercial 48 .  00 

667 Chicago,   Rock   Island 

&  Pacific  Ry.  Track..   42.50 
546.  .  .  .Garfield  avenue,  east.   40.50 

Bon   Ton    Street. 

546 200  feet  north  of  north 

line  of  Clay 160.00 

Warsaw  avenue. 
546 Mary    72.00 

Twentieth    Street. 

546 Highland  avenue 135.00 

546 Douglas 120.00 

546 Grand  avenue   105.00 

546.... Boyd  100.00 

546 James    115.00 

546 Holman    120 .  00 

546....  Alley     between     Hol- 
man and  Beattie 134.00 

546 Beattie    140.00 


G.  O.  No.  Feet 

546.  .  .  .Alley  between  Beattie 

and   Highly    144.00 

546 Highly    ■ 155.00 

546.... Alley  between  Highly 

and  Jones  157 . 00 

546 Jones    143.00 

546 Howard    120.00 

546 .  .  .  .Frederick     avenue, 

west 117.00 

546 ....  Frederick     avenue, 

east 121.00 

546 Colhoun   122.00 

546 Union   155.00 

837.  .  .  .150  feet  nt:rta  of  north 

line  of  Clay 175 .  00 

546 Clay    172.00 

837 192.5     feet     north     of 

south  line  of  Clay 159.00 

546 Mulberry   162 .  50 

546.  ..  .Twentieth,    south,    at 

section    line   north   of 

Faraon    161.00 

516.  ..  .Twentieth,    north,    at 

section   line   north   of 

Faraon    175 .  00 

546 Faraon    158.00 

546 Jules    160.75 

546 Francis    163.00 

546 Felix    148.00 

546 Edmond    150.00 

546 Charles    148.00 

546 Sylvanie    134 .  00 

546 Angelique    118.00 

546 Messanie    96 .  00 

546 Mary   70.00 

546 Olive    48.00 

546 Lafayette   53.00 

546 Seneca  70.00 

546 Penn    98.00 

546 Mitchell  avenue    110.00 

546 Sacramento 153 .  00 

546 Monterey    164 .  00 

546 Duncan   178 .  00 

546 ....  Doniphan  avenue  ....  180 .  00 

546 Jackson    174  . 0(l 

546 Scott    162.00 

546 Pacific 134.00 

546 Belle    90.00 


ART.  II. 


GRADES. 


399 


Twenty-first   Street. 
G.  O.  No.  Feet 

546 Mulberry    170.00 

54G Alley  north  of  Faraoa.172.50 

540 Faraon    167.00 

540 Jules    146.00 

546 Francis  137.00 

546 Felix    120.00 

546 Edmond  118.00 

540 Charles  117 .  00 

546 Sylvanie    114 .  00 

546 Angelique    100.00 

546 Messanie    74 .  00 

546 Mary    56.00 

546 C,  B.  &  Q.  crossing..    50.50 

54G Olive    52.00 

546 Lafayette   57 .  00 

546 Seneca    64.00 

546 Penn 84.00 

546 Belle  74.00 

798 Garfield  avenue   57.00 

797 Pear 61.00 

797.... Alley     between     Pear 

and  Pine   74.00 

797 Pine 79.00 

797 Spring 47.00 

Twenty-second    Street. 

811.... At  the  center  line  of 

Lover's  Lane 220.00 

811 At    a    point    700    feet 

north  of  north  line  of 

State    202.00 

811 At    a    point    400    feet 

north  of  north  line  of 

State    183.00 

811 At      alley      north      of 

State    161.00 

770 Marion    155.00 

770 Watson  153.00 

770 Long    151.00 

770 Moss    143.00 

770 Highland  avenue 128.00 

770 Douglas 116.00 

546 Grand  avenue    120.00 

770 Boyd  138.00 

770 James    140.00 

770 Holman    156.00 


G.  O. 

540. 
546. 
546. 
546. 
54G. 
54G. 
546. 
546. 
546. 

546. 
546. 
546. 
546. 
546. 
779. 
546. 
546. 
546. 
546. 
546. 
546. 

546. 
546. 
546. 
546. 
546. 
746. 
746. 
546. 
546. 
546. 

546. 
546. 
546. 

546. 

738. 

738. 

738. 

738. 


No.  Feet 

. .  .Beattie  150.00 

...Highly    142.00 

...Jones    132.00 

.  .  .Frederick  avenue  .  .  ..139.00 

.  ..Colhoun    140.00 

. .  .Union  153.00 

. .  .Clay 172.00 

. .  .  Mulberry    162 .  50 

.  .  .  Section    line    at    alley 

north  of  Faraon 164 .  00 

...Faraon    165.00 

. .  .Jules 152.00 

.  .  .  Francis   134 .  00 

. .  .Felix    130.00 

...Edmond    120.00 

...Charles  102.00 

.  .  .Sylvanie   97.00 

. .  .Angelique    80.00 

. .  .Messanie  70.00 

.  .  .Locust    62.00 

.  .  .Mary    58.00 

. .  .C,  B.  &  Q.  R.  R.  cross- 
ing        54.50 

...Olive    56.00 

.  .  .  Lafayette    02 .  00 

. .  .Seneca    70.00 

...Penn 74.00 

...Mitchell  avenue    105.00 

. .  .  Sacramento  130 .  00 

. .  .Monterey    148.00 

...Duncan    172.00 

...Jackson   145.00 

.  .  .  ^  T'O  feet  south  of  Jack- 
son   136.00 

...Scott    134.00 

...Pacific    129.00 

..  .410  feet  south  of  Pa- 
cific   124.00 

. .  .610  feet  south  of  Pa- 
cific     128.00 

...1010     feet     south     of 

south  line  of  Pacific.  .151.00 
. . . 1430     feet     south     of 

south  line  of  Pacific.  .138.00 
...1630     feet     south     of 

south  line  of  Pacific.  .140.00 
...2100     feet     south     of 
south  line  of  Pacific     148.00 


400 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Twenty-second  Street — Cont'd. 
G.  O.  No.  Feet 

738.  ..  .Intersection  of  Twen- 
ty-second with  Atchi- 
son    produced     from 

west    103.00 

738 Belle   street   at   Grat- 

tan  road G5.00 

738 200  feet  south  of  Grat- 

tan  road  (or  Belle)...  56.00 

738 Commercial    50 .  00 

738.  . .  .C,  R.  I.  &  P.  R.  R.. . .   51.00 

738 Spring 55 .  00 

738.... Pine 82.00 

738 Pear 71.00 

546 Garfield  avenue  52.00 

546 180      feet      north      of 

south  city  limits  49.50 

546 90      feet      north      of 

south  city  limits  47.00 

546 South  city  limits 46.50 

Twenty-third   Street. 


765....  At       intersection      of 

Highly   146.00 

765....  At       alley       between 

Jones  and  Highly 152.00 

546.... Jones    and    Frederick 

avenue    155 .  00 

546 Colhoun  148 .  00 

546 Union  176.00 

546 Clay  165.00 

546 Mulberry  144.00 

683 South      line      of      St. 

Joseph  Eastern  Exten- 
sion addition 138 .  00 

546 Olive    62.00 

546 Lafayette   68.00 

546 Seneca  82.00 

546 Penn  86.00 

546 Mitchell  avenue 1 08 .  50 

746 At    a    point    100    feet 

north  of  north  line  of 

Sacramento 111.50 

746 Sacramento 126.00 


G.  O 

546. 
546. 

54G. 
.^)46. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
586. 
546. 
546. 
546. 
546. 
546. 
546. 
746. 


746. 
746. 
546. 
546. 
546. 
546. 


Twenty-fourth  Street. 
No.  Feet 

. .  .Frederick  avenu3   . .  .168.00 

....Tones    180.00 

. .  .Colhoun  164.00 

. .  .Union  184.00 

...Clay    175.00 

...Mulberry    156.00 

.  ..Faraon    124.00 

. .  .Jules    118.00 

...Francis    114.00 

...Felix    110.00 

...Edmond    108.00 

.  .  .Charles 94.00 

..  .Sylvanie  82.00 

. .  .Angelique 76.00 

. . .  Messanie  65 .  00 

..  .Mary 61.00 

..  .Patee    68.00 

..  .Olive   80.00 

..  .Lafayette    76.00 

..  .Seneca  78.00 

. .  .Penn    90.00 

. .  .  Mitchell  avenue 125.00 

...At    a    point    300    feet 
north  of  the  north  line 

of  Sacramento   127.00 

. .  .  Sacramento   124 .  00 

.  .  .  Monterey   132 .  00 

.  .  .  Duncan,  west    162.00 

. . .  Duncan,  east 161.00 

. .  .  Doniphan  avenue  ....174.00 
..  .Jackson   176.00 


Twenty-fifth    Street. 

546 Frederick  avenue   ...174.00 

546 Jones  180.00 

546 Colhoun  174.00 

546 Union    170.00 

546 Clay 150.00 

546 Mulberry 160.00 

546 Faraon    140 .  00 

546 Jules    126.00 

546 Francis  1 20 .  00 

546 Felix    104.00 

546 Edmond    96.00 

546 Charles  84.00 

546 Sylvanie   76 .  00 


ART.  II. 


GRADES. 


401 


Twenty-fifth   Street — Cont'd. 
G.  O.  No.  Feet 

54G Angelique 68 .  00 

546 Messanie    62.00 

546 Mitchell  avenue 107.50 

746 Sacramento 144 .  00 

746 Monterey   161.00 

546 Duncan  178.00 


Twenty-sixth    Street. 

688 Osage  180 .  00 

546 Delaware    196 .  00 

662 State    178.00 

662 Folsom    190 .  00 

546 Frederick  avenue   ...176.00 

546 Jones    162.00 

546 Colhoun    144 .  00 

546 Union    140.00 

546 Clay    124.00 

546 Mulberry,   west    134.00 

546 Faraon    126 .  00 

665 Francis  144.00 

665 Felix 133.00 

665 Edmond 123 .  00 

665 Charles    100.00 

665 Sylvanie  94 .  00 

665 Angelique    72.00 

546.  ..  .Messanie,   west    60.00 

546. ..  .Messanie,  east    61.50 

586 Mary 70.00 

546 Patee    72.00 

819.... At  alley  between  Pa- 
tee  and  Olive 76 .  00 

54S Olive    84.00 

546 Lafayette    98.00 

546 Seneca    106 .  00 

546 Penn    100 .  00  i 

546 Mitchell  avenue 106 .  00  j 

818 Renick  109 .  00  i 

818 Sacramento 122.00  ' 

818 Monterey   142 .  00 

818 Duncan 163 .  00 


Snelson  Street,  or  261/^  Street. 

818 ....  Snelson    street,    with 

Renick  112.00 

36 


G.  O.  No.  Feet 

818.  ..  .Snelson    street,    with 

Sacramento 115 .  00 

818. ..  .Snelson    street,    with 

Monterey    120 .  00 

Twenty-seventh  Street. 

546 Delaware 180 .  00 

662 Folsom 199 .  00 

688 Osage 170 .  00 

546 Faraon  94 .  00 

546 Jules    102.00 

665 Francis   110 .  00 

665 Felix 94.00 

665 Edmond 87.00 

665 Charles  75.00 

665 Sylvanie   68 .  00 

665 Angelique    66.00 

546 Messanie,  west 63.00 

546. . .  .Messanie,  east 64.00 

G54 Locust 90.00 

586 Mary 116.00 

546 Patee 100.50 

546 Olive    103.00 

546 Lafayette   114 .  00 

546 Seneca  120 .  00 

546 Penn  126.00 

546 Mitchell  avenue 143 .  00 

818 Renick    137.00 

818 Sacramento   131 .  00 

818 Monterey   125 .  00 

818 Duncan  129.00 

546 Jackson   167 .  00 

546 Pacific    183 .  00 

Twenty-eighth  Street. 

546.  ..  .Frederick  avenue   ...178.00 

546 Faraon  90.00 

546 Jules 82.00 

665 Francis 76.00 

665 Felix 73.00 

665 Edmond  72.00 

665 Charles 71 .  00 

065 Sylvanie   70 .  00 

665 Angelique 69 .  00 

546 Messanie  68.00 

654 100  feet  south  of  f  outh 

line  of  Messanie 69.00 


402 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Twenty-eighth    Street — Cont'd. 
G.  O.  No.  Feet 

G54 Mary    102.00 

654 Locust    78.00 

546 Patee    128.00 

546 Olive 140.00 

546....  Alley    between    Olive 

and  Lafayette   144.50 

546 Lafayette    136.00 

546 Seneca   154.00 

546 Penn 158.00 

546 Mitchell  avenue 162 .  00 

818 Renick  176.00 

818 ....  Sacramento   154 .  00 

818 Monterey    139 .  00 

818 Duncan   150.00 

546 Doniphan    171 .  00 

546....  Alley    between    Doni- 
phan      avenue       and 

Jackson    177.00 

546 Jackson 176.00 

Twenty-ninth   Street. 

744....%    section   line   north 

of  Faraon   84 .  50 

744 Faraon    ... 83.00 

744....  Alley    between    Jules 

and  Faraon' 82.00 

744 Jules    88.00 

744 Francis 93.00 

744 Felix    95.00 

744 Edmond    97.00 

744 Charles    110.00 

744 Sylvanie    118 .  00 

744....  Alley     between      Syl- 
vanie and  Angelique. .  116 .  00 

744 Angelique     108 .  00 

744 Messanie  88 .  00 

784 Mary   72.00 

784 Patee    82.00 

784 Olive    93.00 

784 Lafayette   108.00 

784 Seneca 116 .  00 

784 Penn 124.00 

Thirtieth   Street. 

744.  ..  .Quarter     section    line 

north  of  Faraon    87 .  00 


G.  O.  No.  Feet 

744 Faraon  97.00 

840 Jules 116.00 

744 . . .  .Alley  between  Francis 

and  Jules  128.00 

^44 Francis    131.00 

744 Felix    124.00 

744 Edmond    120.00 

744 Charles  142.00 

744.... At  alley  between  Syl- 
vanie and  Charles ....  146 .  00 

744 Sylvanie  144 .  00 

744 Angelique    129.00 

744 Messanie,  west   110.00 

784 Olive    102.00 

784 Lafayette    126 .  00 

784 Seneca 149.00 

784 Penn    166.00 

Thirty-first   Street. 

744 Felix    154.00 

744 Edmond    150.00 

784 Olive    96.00 

784 Lafayette   109 .  00 

784 Seneca  114 .  00 

784 Penn    126.00 

Thirty-second   St-eet. 

784 Olive    123.00 

784 Lafayette   126.00 

Thirty-third    Street. 

869 Lafayette 159 .  00 

869 Seneca  171 .  00 

869 Penn    181.00 

869 Mitchell  avenue 174 .  00 

Thirty-fourth    Street. 

869 Seneca  170 .  00 

869 Penn 187.00 

869 Mitchell  avenue 200 .  00 

Bartlett  Street. 

546 Monterey    9 .  00 

546 Duncan  8.50 

546.  ..  .Doniphan  avenue   ....     9.00 


ART.  II. 


GRADES. 


403 


Bartlett  Street — Cont'd, 

G.  O.  No.  Feet 

546.  ..  .Jackson   8.50 

546 Scott    8.00 

.", iG Pacific    7.50 

r,iG Maple  8.00 

546 ....  Sycamore 9.50 

546 Hickory   10.75 

546 Walnut 11.50 

546.... Oak    12.50 

546 Cedar   12.00 

Bellevue    Street. 

546 City  limits  186.00 

546 Rosine    180 .  00 

546 Isabelle  150 .  00 

546 Auguste  154.00 

546 Poulin   150 .  00 

546 Franklin 140.00 

546 Louis 130.00 

546 Michel 120.00 

546 Antoine    100 .  00 

546 ....  Isidore    70 .  00 

Bon  Ton   Street. 

546 200  feet  north  of  north 

line  of  Clay 160.00 

Catawba    Street. 

546 Broadway    164.00 

546 Madison    134.00 

546 Monroe   105 .  00 

546. .. .Concord  avenue    85.00 

546.  ..  .Hamburg  avenue    ....   80.00 
546 Shady  avenue 76.00 

Clark  Street. 
546 Broadway    76 .  00 

Dearborn   Street. 

546 Broadway    94.00 

546 Madison    78.00 

Diana    Street. 

540 Broadway    200 .  00 

546 Madison    165.00 


G.  O.  No.  Feet 

546.  . .  .Monroe    135.00 

546.  ..  .Concord  avenue    110.00 

546.  . .  .Hamburg  avenue  .  .  ,  .106.00 
546.  . .  .Alley   between   Shady 
avenue  and  Hamburg 

avenue  108.00 

546 ....  Shady  avenue 102 .  00 

Elwood  Street. 

540 ....  North  city  limits 170 .  00 

546 ....  Rosine  175 .  00 

546 Isabelle   182 .  00 

546 Auguste 189.00 

546  ....  Poulin    186 .  00 

Grape   Street. 

546 ....  Broadway  204 .  00 

546.... Alley  between  Madi- 
son and  Broadway.  .  .212.00 

540 ....  Madison    195 .  00 

546 Monroe    162 .  00 

546.  . .  .Concord  avenue 138.00 

546.  . .  .Hamburg    avenue.  . .  .140.00 
546 Shady  avenue 124.00 

Hallack    Street. 

546.... East  center  line  and 
alley  between  clay 
and  Union   150.00 

546 120      feet      north      of 

Clay 153.00 

Hull  Street  or  Sixteenth. 

546.... Alley  between  Buch- 
anan and  Frederick 
avenue 91.00 

546. ..  .Buchanan  avenue....   94.00 

Landis  or  Fifteenth  Street. 

546.  . .  .Alley  between  Buch- 
anan avenue  and 
Frederick  avenue  ....   85.00 

546 ....  Buchanan  avenue ....   86 .  00 


404 


REVISED  ORDINANCES. 


CHAP.  XIX 


vce  Street  or  Dev/ey  Avenue. 
No.  Feet 

...City  limits 170.00 

. . .  Highland  avenue  ....  158 .  00 

...Dolman 160.00 

...St.  Paul    146.00 

. . .  Market 156 .  00 

..  .Chestnut 170.00 

...Linn 178.00 

...Cherry 165.00 

. . .  Section   line   165   feet 
north  of  north  line  of 

Rosine  173.00 

...Eighty   feet   north   of 

north  line  of  Rosine..  178. 50 

...Rosine 176.50 

...Isabelle   163.00 

. .  .Half  way  betwoe:i  Isa- 
belle and  Auguste. .  .155.00 

..  .Auguste 140.00 

...Poulin 100.00 

.  .  .Franklin 76.00 

...Michel 80.00 

. . .  Half      way      between 

Michel  and  Louis 83.00 

...Louis 76.00 

. .  .  Aiitoine 64.00 

Isidore 55.00 

...Robidoux 38.00 

Faraon 25.00 

...Jules    13.00 

....  Francis  3.00 

Linwood  Avenue. 

546 Center 52.00 

546 ....  Commercial 43 .  50 

Main  Street. 

540 City  limits 210.00 

546 Highland  avenue 190 .  00 

546 Dolman 180.00 

546.... St.  Paul   154.00 

546 Market 125 .  00 

546 Chestnut 130 .  00 

546 Linn  142.00 

546 Cherry 130.00 

546 Rosine 130.00 

546 Isabelle 122.00 


Lc 
G.  O 

546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 


546. 

546. 
546. 
546. 

546, 
546. 
546 
546 
546 

704 

546 
546 
546 
546 
546 
546 


G.  O.  No.  Feet 

546 Auguste KiS.O) 

546 Poulin  104.00 

546.... North   line   of   Frank- 
lin     09.00 

546 Franklin 66.00 

546 Michel 50.00 

546 Louis   40.00 

546 Antoine  33.00 

546 Isidore    26.50 

546 Robidoux    26.00 

546 Faraon    29.00 

540 Jules    31.50 

546 Francis 24 .  50 

546 Felix 18.00 

Mt.  Mora  Road. 

546. . .  .Entrance  to  cemetery.134.50 
546 600  feet  north  of  Fred- 
erick avenue 127 .  50 

546.  ..  .Frederick  avenue    ...    99.00 

Poplar  Street. 
546 Duncan  105.00 

Snelson    or   26^    Street. 

818.  . .  .Snelson    street,    with 

Renick  112.00 

818. . .  .Snelson    street,    with 

Sacramento  115 .  00 

818.  ..  .Snelson    street,    with 

Monterey    120.00 

Spruce  Street 

540 Broadway    128 .  00 

546 Madison    103.00 

546 Monroe   81.00 

Vine   Street. 

540 Locust    102.00 

546 Patee    91.00 

546.  ..  .Olive    68.50 

546 Lafayette   56.00 

546.... Seneca  48.00 


ART.  11. 


GRADES. 


405 


G.  O. 

54G. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 
546. 


Water  Street. 
No.  Feet 

.Highland  avenue 126.00 

.Dolman 156.00 

.St.  Paul  180.00 

.Market    166.00 

.Chestnut   145.00 

.Linn    182.00 

.Cherry   174.00 

.Section  line 171.00 

.Rosine    152.00 

.Isabella 135.00 

.Augusta 114.00 

.Poulin   108.00 

.Franklin    123.00 

.Michel    148.00 

.Louis 143.00 

.Antoine    136.00 

.Isidore   116.00 

.Robidoux    75.00 

.Faraon  35.00 


Warsaw  Avenue. 

546 Mary    72.00 

Albemarle    Street. 

677.... Alley    between    Third 

and  Fourth  51.50 

Angelique    Street. 

546. ...Alley  between 
Twelfth  and  Thir- 
teenth     183.00 

546....  Alley  between  Fif- 
teenth and  Sixte.^nth.155.00 

546....  Alley  between  Six- 
teenth and  Seven- 
teenth     128.00 

546 150  feet  west  of  west 

line  of  Twenty-fourth .   84 .  OC 

744.... At  a  point  305  feet 
east  of  the  eas:  line 
of  Twenty-eighth 92.00 

Antoine    Street. 

546.  .  .  .Alley  between  Second 

and  Third  street   31.00 

546 Alley    between    Fifth 

and  Sixth 136.00 


Ashland  Avenue. 
G.  O.  No.  Feat 

546 East  city  limits 196.00 

679 Osage    192 .  00 

679 200  feet  north  of  north 

line  of  Delaware 193.30 

546 Delaware 198.00 

540 Folsom    208 .  00 

546 State    198.00 

546.  ..  .Frederick  avenue    ...191.00 


645. 


645. 


645. 


645, 


Atchison   Street. 

.At  alley  between  Fif- 
teenth and  Sixteenth.  104. 00 

.At  alley  between  Six- 
teenth and  Seven- 
teenth    108.00 

.At  alley  between  Sev- 
enteenth and  Eigh- 
teenth       94 . 00 

.At  alley  between 
Eighteenth  and  Nine- 
teenth      78.00 

Augusta    Street. 


546 Alley  between  Second 

and  Third   43.00 

Seattle    Street. 

546 120   feet   west   of   the 

west  line  of  Twen- 
tieth     128.00 

546 160      feet      west      of 

Twenty-second   160 .  00 

Belle  Street, 

546 Alley  between  Eigh- 
teenth and  Nine- 
teenth     63.00 

Boyd  Street. 

764 Alley   in   Boyd   street 

between       20th      and 

22d 130.00 


406 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Broadway  Street. 
G.  O.  No.  Feet 

540.... Alley    between    Diana 

and  Grape   210.00 


546. 

546. 
546. 

546. 


645. 


645. 


645. 


546. 


546. 
546. 
546. 
546. 

779. 

608. 

546. 


Buchanan  Avenue. 

.  Landis  or  Fifteenth 
street  86.00 

.Hull  (Sixteenth) 94.00 

.200  feet  east  of  Hull 
or  Sixteenth   99.00 

.East  line  of  Landis 
&  Hull's  additioa 104.00 

Cedar    Street. 

.At  alley  between  Six- 
teenth and  Seven- 
teenth streets 120.00 

.  .At  alley  between  Sev- 
enteenth and  Eigh- 
teenth    111.00 

.  .At  alley  between 
Eighteenth  and  Nine- 
teenth        95 . 00 

Center    Street 

.  .Alley  between  Lin- 
wood  avenue  and 
Eighteenth 55.00 

Charles   Street. 

. .100  feet  east  of  Elev- 
enth   153.00 

..150  feet  east  of  Elev- 
enth    153.00 

..Alley  between  Fif- 
teenth and  Sixteenth.. 168. 00 

.  .Alley  between  Eigh- 
teenth and  Nine- 
teenth     122.00 

..Half  way  between 
Twenty  -  fi  r  s  t  and 
Twenty-second    106.50 

.  . 200  feet  east  of  the 
east  line  of  Twenty- 
second    112.50 

..350  feet  east  of 
Twenty-second   116 .  00 


G.  O.  No.  Feet 

665 160       feet       easi       of 

Twenty-sixth    97 .  00 

744 305      feet      east       of 

Twenty-eighth  81  .00 

744 300      feet      east      of 

Twenty-ninth    136 .  00 

Cherry   Street. 

546.... Alley  between  Water 
and  Levee  or  Dewey 
avenue   184 .  00 

Church   Street. 

546.... Alley    between    Tenth 

and  Eleventh  141^.00 

546.... West  allej'  in  block 
31,  Improvement  ad- 
dition      167.00 

546....  East  alley  in  Block 
31,  Improvement  ad- 
dition     162.00 

Clay   Street. 

546.  . .  .West  line  of  Kemper's 

addition    107.00 

546 450  feet  east  of  west 

line  of  Kemper's  ad- 
dition     152.00 

546 ....  Half  way  between 
Twentieth  and 
Twenty-second   176 .  00 

546.... Alley  between  Twen- 
ty-second and  Twen- 
ty-third     160.00 

546.... Alley  between  Twen- 
ty-fifth and  Twenty- 
sixth    134.00 

Colhoun    Street. 

546.... Alley  between  Twen- 
ty-third and  Twenty- 
fourth    152.00 

546.... Alley  between  Twen- 
ty-fourth and  Twenty- 
fifth    176.00 

546.  . .  .Alley  east  of  Twenty- 
fifth  150.00 


ART.  II. 


Commercial  Street. 
G.  O.  No.  Feet 
54G.... Alley    between     Eigh- 
teenth      and       Nine- 
teenth        47.40 

Corby   Street. 

546 350      feet      west      of 

Ninth    106.00 

867 40  feet  east  of  Ninth.  154. 00 

867 125      feet      east      of 

Ninth    157.00 


Delaware  Street. 

546.  .  .  .Alley  east  of  Twenty- 
sixth 199.00 

546 130  feet  west  of  Rob- 
erts avenue  or  Twen- 
ty-seventh street  ....184.00 

546 140  feet  east  of  Rob- 
erts avenue  or  Twen- 
ty-seventh street   . . . .194.00 

546. . .  .Alley  west  of  Ashland 

avenue    196 .  00 

Dolman  Street. 

752.... At  the  alley  between 

Second  and  Third 161.00 

Duncan  Street. 

546 150  feet  east  of  Twen- 
tieth     181.00 

546 210  feet  east  of  Twen- 
ty-second     169.00 

546.  ..  .Opposite  Twenty- 
third  from  the  north..  167. 00 

546.  . .  .East  line  of  Hall's  ad- 
dition     163.00 

818 At    a    point    200    feet 

west  of  Twenty-sev- 
enth   134.00 

546 East  city  limits 150.00 


GRADES.  407 

I  Edmonci    Street 

G.  O.  No.  Feet 

546.  .  .  .Alley  between  T^^elfth 

and  Thirteenth 116.00 

546 130  feet  east  of  Fif- 
teenth     178.00 

546....  Half  way  between 
Nineteenth  and  Twen- 
tieth     151.00 

546 280  feet  east  of  Twen- 
ty-second   132.00 

546 380  feet  east  of  Twen- 
ty-second     13 1 . 00 

665 200  feet  east  of  Twen- 
ty-seventh     74.00 

665 300  feet  east  of  Twen- 
ty-eighth       80.00 

744.  . .  .405  feet  east  of  Iwen- 

ty-eighth    83.00 

744 240  feet  east  of  Twen- 
ty-ninth   112.00 

744 300  feet  east  of  Thir- 
tieth     128.00 

744 At  Thirty-first    150 .  00 

Faraon  Street. 

739 At  alley  between  Main 

and  Second  streets.  .  .   36.50 

739.  . .  .At  alley  between  Sec- 
ond and  Third 59.00 

546 Alley  between  Eighth 

and  Ninth    109.00 

546.  ..  .Section    line    east    of 

Thirteenth  87.00 

546 Alley  between  Fif- 
teenth and  Sixteenth.  103. 00 

546 Half      way      between 

Twentieth  and  Twen- 
ty-first     166.00 

546 265  feet  east  of  Twen- 
ty-second     136.00 

546.  .  .  .405  feet  east  of  Twen- 
ty-second   130.00 

753.  .  .  .200  feet  east  of  Twen- 
ty-fifth street    143.00 

744.  .  .  .300  feet  east  of  'I'wen- 

ty-ninth  street  85.00 


408 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Felix  Street. 
G.  O.  No.  Feet 

546.... Alley    between    Sixth 

and  Seventh   61.00 

546.... Alley    between    Ninth 

and  Tenth 67 .  00 

546 Alley  between  Twelfth 

and  Thirteenth   95.50 

546....  Alley  between  Fif- 
teenth and  Sixteenth.  167.00 

546....  Alley  between  Six- 
teenth and  Seven- 
teenth     146.00 

546.... Alley  between  Seven- 
teenth and  Eigh- 
teenth     158.00 

546....  Half  way  between 
Nineteenth  and  Twen- 
tieth     163.00 

546 180  feet  east  of  twen- 
ty-second     140 . 00 

546 260  feet  east  of  Twen- 
ty-second     142.00 

546 320  feet  east  of  Twen- 
ty-second   140.00 

665 270  feet  east  of  Twen- 
ty-fifth     126.00 

665 200  feet  east  of  twen- 
ty-seventh       79 . 00 

744 300  feet  east  of  Twen- 
ty-ninth     104.00 

744 250  feet  eas*^  of  Thir- 
tieth     141 .00 

744 At  Thirty-first   154.00 


Fillmore  Street. 

546 Alley      east      of      St. 

Joseph  avenue   47.00 


Folsom  Street 

.Roberts      avenue      or 


662. 
662. 


Twenty-seventh    1 99 .  00 

.At  the  first  alley  west 
of  Ashland  avenue   ..210.00 


Francis  Street. 

G.  O.  No.  Feet 

546....  Alley  between  Sev- 
enth and  Eighth 70.00 

546 Alley  between  Twelfth    . 

and  Thirteenth 88.00 

546.  ..  .Section    line    east    of 

Thirteenth  123.00 

540. . .  .Alley  between  Eigh- 
teenth and  Nine- 
teenth     170.00 

546 200  feet  east  of  "  wen- 

ty-second  140.00 

546 280  feet  east  of  Twen- 
ty-second   138.00 

665.  . .  .270  feet  east  of  Iwen- 

ty-fifth 140.00 

665 160  feet  east  of  Twen- 
ty-sixth    138.00 

665 250  feet  east  of  Twen- 
ty-seventh     86.00 

665 300  feet  east  of  Twen- 
ty-eighth       80.00 

744 295  feet  east  of  Twen- 
ty-eighth       77.50 

744 300  feet  east  of  Twen- 
ty-ninth     120.00 

Frederick  Avenue. 

604 270  feet  west  of  '1  wen- 

ty-eighth  street 180.00 

Grand  Avenu>. 

748 150  feet  west  of  Eigh- 
teenth street   140.00 

Garfield  Avenue. 

546 900  feet  southeast  of 

Eleventh    42.00 

546 1140  feet  southeast  of 

Eleventh    49.00 

546 1400  feet  southeast  of 

Eleventh    18.00 

546 Sixteen ''1    43.00 

546 Commercial 42.50 


ART.  II. 


Garfield  Avenue — Cont'd. 

G.  O.  No.  Feet 

516.  ..  .South  line  of  right-of- 
way  of  C,  R.  I.  &  P. 
R.  R 38.00 

546 160  feet  west  of  Eigh- 
teenth street,  nortli . .   38.75 

546.... West  line  of  Connett 

Place  54.00 

Hall  Street 

546 ....  Opposite        southeast 

corner  of  Hogan's  lot.  156.00 
546 216  feet  west  of  Ninth. IGO. 00 

Henry   Street. 

546 168      feet      west      of 

Twelfth  street 167.00 

Highly  Street. 

546 100  feet  west  of  Nine- 
teenth street   162 .  00 

546....  Half  way  between 
Twenty  and  Twenty- 
second    160.00 

Isabelle   Street. 

546.... Alley  between  Water 
and  Levee  or  Dewey 
avenue   150.00 

540. . .  .Alley  between  Second 

and  Third  51.00 


Isidore  Street. 

546....  Alley    between    Main 

and  Second  streets  ..   28.00 

546. ..  .Intersection  of  east 
alley  in  block  31.  St. 
Joseph  Improvement 
addition  138 .  00 

Jackson    Street. 

546 220  feet  east  of  Twen- 
ty-fourth   183.00 


GRADES.  409 

,   G.  O.  No.  Feet 

546 400  feet  east  of  Twen- 
ty-fourth     180.00 

546 960  feet  east  of  Twen- 
ty-fourth     164.00 

546 1105      feet     east      of 

Twenty-fourth   160 .  00 

546 250  feet  east  of  Twen- 
ty-seventh   177.00 

546 East  city  limits 153.00 

Jones    Street. 

546 150  feet  east  of  Eigh- 
teenth    151 . 00 

546 Half      way      between 

Nineteenth  and  Twen- 
tieth    155.00 

808 Alley  between  Twen- 
ty-fourth and  Twenty- 
fifth    190 . 00 

546 Alley  east  of  Twenty- 
fifth    160.00 

Jules    Street. 

546.  . .  .Alley  between  Fourth 

and  Fifth   86 .  50 

546 Alley  between  Sev- 
enth and  Eighth 98.00 

546 Alley  between  Twelfth 

and  Thirteenth     83.00 

546 Section   line   140   feet 

east  of  Thirteenth ...  108 .  50 

546 Alley  between  Eigh- 
teenth and  Nine- 
teenth     169.00 

676 150  feet  eas^.  of  Nine- 
teenth    156 . 00 

546 270  feet  east  of  Twen- 
ty-fifth     140.00 

546 480  feet  east  of  Twen- 
ty-fifth     130.00 

546 990  feet  east  of  Twen- 
ty-fifth   102.00 

546 1210      feet     east      of 

Twenty-fifth   90 .  00 

744 295  feet  east  of  Twen- 
ty-eighth     79.50 


41U 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Lafayette  Street. 
G.  O.  No.  Feet 

54G Alley    between    Tenth 

and  Eleventh  27.00 

546 140  feet  east  of  Thir- 
teenth    118.00 

546 300  feet  east  or  Twen- 
ty-sixth    102.00 

546.  . .  .140  feet  west  of  west 

line  of  Twenty-eighth.135.00 
546.... 50  feet  west  of  west 

line  of  Twenty-eighth.137.50 

784 Twenty-ninth 108 .  00 

784 400  feet  east  of  Twen- 
ty-ninth     123.00 

784 Thirtieth 126 .  00 

784 400  feet  east  oi  Thir- 
tieth     119.00 

784 Thirty-first    109 .  00 

784 Thirty-second    126 .  00 

Lincoln   Street. 

622....  Alley  between  Sev- 
enth and  Eighth 101 .  50 

Linn   Street. 

546.... Alley  between  Levee 
or  Dewey  avenue  and 
Water   190.00 

Market  Street. 

754.... Alley  between  Third 
and  Washington  ave- 
nue     109.00 

Mary  Street. 

586 150  feet  east  of  Twen- 
ty-seventh   118.00 

586 280  feet  east  of  Twen- 
ty-seventh   116.00 

784 150  feet  east  of  east 

line  of  Twenty-eighth.   84.00 

784 300  feet  east  of  east 

line  of  Twenty-eighth.  76.00 

784 Twenty-ninth  street..    72.00 


Messanie   Street. 

G.  O.  No.  Feet 

."(IG.  ..  .Alley    between    Ninth 

and  Tenth 46.00 

546 260       feet      east;      of 

Twelfth    161.00 

546. . .  .Alley  between  Seven- 
teenth and  Eigh- 
teenth    102.00 

744.... 305  feet  east  of  east 
line  of  Twenty-eighth 
street    81 .  00 

Middleton  Street. 

668 275    feet    east    of    the 

east  line  of  St.  Joseph 
avenue 38.00 

G68 335    feet    east   of    the 

east  line  of  St.  Joseph 
avenue    40 .  00 

Mitchell  Avenue. 

546.... Half  way  between 
Thirteenth  and  Four- 
teenth       39.00 

546....  Half  way  between 
Fourteenth  and  Fif- 
teenth       38.50 

546 Alley  between  Fif- 
teenth and  Sixteenth.    39.00 

546.... Alley  between  Twen- 
ty-second and  Twenty- 
third   98 . 50 

Moss  Street. 

836 120  feet  west  of  west 

line  of  Seventh 104.00 

836 ....  At  west  line  of  Hardin 

Place  106.00 

Mulberry   Street. 

546.... Alloy  between  Twen- 
ty-second and  Twenty- 
third  148.00 


ART.  11. 

Mulberry   Street — Cont'd. 
G.  O.  No.  Feet 

546.... Alley  between  Twen- 
ty-third and  I'wenty- 
fourth    152.00 

546.... Alley  between  Twen- 
ty-ttfth  and  Twenty- 
sixth  14G.00 


Oak   Street. 

645. . .  .At  alley  between  Four- 
teenth and  Fifteenth.  134. 00 

645.  .  .  .At  alley  between  Six- 
teenth and  Seven- 
teenth    142.00 

645.  . .  .At  alley  between  Sev- 
enteenth and  Eigh- 
teenth     138.00 

Olive    Street. 

546 Alley    between   Tenth 

and  Eleventh  3''.  50 

546 160  feet  east  of  Thir- 
teenth     124 . 00 

546 280  feet  east  of  Twen- 
ty-fourth street    88.00 

546 250  feet  east  of  Twen- 
ty-sixth       88.00 

784.... 450   feet  east  of   east 

line  of  Twenty-eighth.lOl  ^0 

784 Twenty-ninth   93 .  00 

784 350  feet  east  of  '"wen- 

ty-ninth    114.00 

784 Thirtieth   10^ . (0 

784 Thirty-first    9o  '.■•') 

784.... 300  feet  east   of  east 

line  of  Tnirty-first.  .  ..109. '"•0 

784 Thirty-second 123 .  00 

Pacific   Street. 

546.  . .  .30  foot  street  between 
Tapee's  and  Madinger 
addition    126.00 

546 400  feet  east  of  Twen- 
ty-second   149.00 

546 1350      feet      east      of 

Twenty-second    151 .  00 


GRADES.  411 

G.  O.  No.  Feet 

546 Frazer's  Lane 152.00 

546 300  feet  east  of  Fra- 
zer's lane   169.00 

Patee    Street. 

546.... Alley    between    Ninth 

and  Tenth   22.00 

546.... Alley   between    Tenth 

and  Eleventh 37 .  50 

346 ....  200  feet  east  of  'j  wcn- 

ty-sixth   79.00 

546 180  feet  west  of  Twen- 
ty-eighth    133.00 

r,46.  .  .  .120  feet  west  of  Twen- 
ty-eighth     136.00 

546 60  feet  west  of  Tv/en- 

ty-eighth    134.00 

784.... 200  feet  east  of  east 

line  of  Twenty-eighth.116.00 

784.... 400  feet  east  of  east 

line  of  Twenty-eighth.  96.00 

784 Twenty-ninth    street..  82.00 

Peach   Tree   Avenue. 

800.... At  west  line  of  Mc- 
Donald Heights   155.00 

800 At    a    point    200    feet 

east  of  west  line  of 
McDonald  Heights ....  150 .  00 

SOO At  the  alley  120  feet 

west  of  west  line  of 
Seventh  street   140.00 

Pendleton    Street. 

,46.... 235  feet  west  of  Sev- 
enth      58.00 

;46....Half      way      between 

Seventh  and  Eighth . .   96 . 00 

Penn   Street. 

'46.... Alley  between  Elev- 
enth and  Twelfm 32.00 

-,46 140  feet  east  of  Thir- 
teenth      54.50 

-.46 Half      way      between 

Thirteenth  and  Four- 
teenth       56 . 00 


412 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Penn   Street — Cont'd. 
G.  O.  No.  Feet 

784.... 350  feet   east  of  east 

line  of  Twenty-eighth.130.00 

784 Twenty-uinth    124 .  00 

784 200  feet  east  of  east 

line  of  Twenty-ninth.  146. 00 
784.... 450  feet  east  of  east 

line  of  Twenty-ninth..  170. 00 

784 Thirtieth  1G6.00 

784.... 300  feet  east  of  east 

line  of  Thirtieth 131.00 

784 Thirty-first    126 .  00 

869 ....  Opposite  Division  line 

between   lots    18    and 

19,    block    5     Mason's 

Place    168.00 

Powell   Street. 

546.... Alley    between    Sixth 

and  Seventh   74.00 

546 160      feet      west      of 

Tenth  163.00 

Ridenbaugh   Street 

546 120  feet  east  of  Tenth. 137. 00 

Robidoux   Street. 

546....  Alley    between    Main 

and  Second   31.00 

546.... Alley  between  Fourth 

and  Fifth  115.00 

546.... Alley    between    Sixth 

and  Seventh   95.00 

546.... Alley    between    Ninth 

and  Tenth   120.00 

Rosine  Street. 

546.... Alley  between  Water 
and  Levee  or  Dewey 
avenue    168.00 

546. . .  .Alley  between  Second 

and  Third  69.00 


Sacramento    Street. 
G.  O.  No.  Feet 

746. . .  .At  alley  between 
Twenty-ihird         and 

Twenty-fourth    122 .  00 

818.... At  a  point  305  feet 
east  of  Twenty-sev- 
enth   150.00 

Savannah  Avenue. 

540.  .  .  .Highland  avenue  ....   72.00 

546 Fillmore    75 . 00 

546 Jefferson    78.00 

546 Woodson   72 .  50 

546 ....  Richardson  67 .  00 

546 Pendleton 72.00 

546 Middleton    61 .  20 

546 Third    G4.30 

Seneca  Street. 

546 Alley  100  feet  east  of 

Thirteenth  98.00 

546 300  feet  east  of  Twen- 
ty-seventh   144 . 00 

784 300       feet       ease      of 

east    lino    of    Twenty- 
eighth    124 . 00 

784 Twenty-ninth   116 .  00 

784.... 400  feet  east  of  east 

line  of  Twenty-ninth..  152. 00 

784 Thirtieth  149 .  00 

784 400   feet  east  of  east 

line  of  Thirtieth 123.00 

784 Thirty-first    1 14 .  00 

869.  ..  .Opposite  division  line 
between  lots  6  and  7, 
block  5j  Mason's 
Place    154.00 

State    Street 

662 240  feet  east  of  Twen- 
ty-sixth street 180.00 

662 At  the  first  alley  west 

of  Ashland  avenue. .  .199.00 


ART.  II. 


GRADES. 


413 


St.   Joseph    Avenue. 

G.  O.  No.  Feet 
794.  . .  .Center  line  section  32, 

T,  58,  R.  35 9G.00 

794 Paik  avenue  88.00 

794 Magnolia  85 .  50 

794 At    a    point    250    feet 

north  of  north  line  of 

Garfield  avenue  84.00 

794 Roosevelt  avenue 82.00 

794 Randolph    78.50 

794 Logan    75.50 

794 Green    73.50 

546 Broadway    72.00 

546 Madison    70.50 

546 Monroe    G9.00 

546 Concord    07.20 

546 Sixth  avenue  66.80 

546.  ..  .Hamburg  avenue   ....  66.00 

546 Fifth  avenue 65 .  50 

546 Shady  avenue   64 .  60 

546 Helena    64.00 

546 Bvalene   62 .  40 

546 Parker  street 60.80 

546 North      line      of      St. 

Joseph  Extension  ad- 
dition     60.00 

546 Highland  avenue 52.00 

546 Fillmore    57.00 

546 ....  Half  way  between  Fill- 
more and  Jefferson  .  .  58 .  50 

546 Jefferson   55 .  50 

546 Woodson   48.75 

546 Richardson   50.50 

546 Pendleton    53.00 

546 Middleton    49 .  50 

546 Albemarle  46.00 

St.    Paul    Street. 

546.  .  .  .Alley  be!--v-ren  Sv^cond 

and  Third  138.00 

701 Alley    between    Third 

and  Fourth 144.00 

Sylvanie   Street. 

546.  . .  .Alley  between  Twelfth 

and  Thirteenth 168.00 


G.  O.  No.  Feet 

54G Section   line   140  feet 

east  of  Thirteenth 153.50 

546 148  feet  east  of  Thir- 
teenth    153.50 

546.... Alley  between  Four- 
teenth and  Fifteenth..  152.00 

546 Alley  between  Fif- 
teenth and  Sixteenth.  161. 00 

546 350  feet  east  of  1  wen- 

ty-second  102 .  00 

744 At    155    feet    east    of 

Twenty-eighth  street.   76.00 

744 300  feet  east  of  Twen- 
ty-ninth   140.00 


Union    Street. 

546 225  feet  east  of  west 

line  of  Nineteenth.  ..137.00 

546.... Alley  between  Twen- 
ty-fourth and  Twenty- 
fifth    180.00 

546. . .  .Alley  east  of  Twenty- 
fifth    154.00 


Van   Brunt  Avenue. 

800 50   feet   east   of   west 

line      of      McDonald 
Heights 135.00 

800 200  feet  east  of  west 

line       of       McDonald 
Heights  139.00 


Walnut  Street. 

645.... At  alley  between 
Fourteenth  an  i  Fif- 
teenth    142.00 

707 At  alley  between  Six- 
teenth and  Seven- 
teenth streets 170.00 

743.  . .  .At  alley  between  Sev- 
enteenth and  Eigh- 
teenth    173.00 


414 


REVISED   ORDINANCES. 


CHAP.  XIX. 


Washington   Avenue. 
G.  O.  No.  Feet 

546 Highland   aveniu 95.00 

546 Fillmore    93.00 

546 Jefferson    lOfJ.OO 

546 Woodson 112.00 

546 Richardson 98 .  00 

546 Pendleton     88.00 

546 Middleton  and  Third.   74.00 

Woodson    Street. 

546 200      feet      west      of 

Eighth  .  ..• 50.00 

South  St.  Joseph. 

North    and    Sonth    Streets. 

Barbara   or   Second   Street. 
East  of  King  Hill  Avenue. 

.  .  .  .Division    .  .    

Russell    

Clayton   

Nebraska   

824 Kansas    92.00 

672 Missouri   81. 00 

695.... At  the  alley  between 
Missouri    aver  ue    and 

Colorado S.T  .00 

672 Colorado  avenue 92 .  00 

695 Blake  116.00 

695 Lee 142.00 

695 600      feet      south      of 

Blake  street  (west) .  .172.00 

695 Prindle    174.00 

695 Fleeman    1 07 .  00 

695 250  feet  south  of  Flee- 
man     157.00 

742 Haeberle 152.00 

Carnegie   Street. 

West  of  King  Hill  Avenue. 

733 Indiana    6.30 

733 Massachusetts 7.30 


G.  O.  No. 


Feet 


733 


733 


•  Michigan 9.00 

.Ohio 11.00 

.Virginia 12.50 

.Kentucky   

.Alabama  


Cumberland    Street. 

East  of  King  Hill  Avenue. 

.  . .  .Alley    betwppR    Ham- 
mond and    Fieoman.. 

735.  .  .  .Hammond      149.00 

735.... Alley    between    Ham- 
mond and  Harvard. . .159.00 

73.5.  .  .  .Harvard    162.00 

735 Yale 170.00 


First  Street  or  William   Street. 

East  of  King  Hill  Avenue. 

.  .Nebraska    

.  .Kansas   

.  .Missouri  

.  .Colorado 

.  .Blake 

..470      feet      south      of 

Blake 198.00 

.  .Prindle    201.00 

.  .  Indiana  207 . 00 

.  .Fleeman   197.00 

. . 250  feet  south  of  the 
south  line  of  Flee- 
man     202.00 

735 Haeberle 188 .  00 

735 Harvard    1 87 .  00 

735 Yale 171.00 

735 Oberlin    152.00 

735.  .  .  ..Alley  between  Oberlin 

and  Vassar 140.00 

735 Vassar  122.00 

735.  . .  .At  alley  south  of  Vas- 
sar through  block  6 .  .  101 . 00 
. . .  .Hyde  Park  avenue. . . 


735 
735 
735 


ART.  II. 


GRADES. 


415 


Fourth   Stree' 

G.  O.  No.  Feet 

East  of  King  Hill   Avenue. 
Alley  north  of  Prindle .... 

735 Prindle    176.00 

735 Fleeniau   124.00 

735....  Alley     between     Flee- 

man  and  Haeberle.  ..  .116.00 
735 Haeberle  106 .  00 

Gordon    Avenue, 

West  of  King  Hill  Avenue. 

646 Cherokee    5 .  oO 

646 ....  Illinois  avenue 6 .  50 

733.  ..  .Indiana  avenue    7.50 

733 ....  Massachusetts    9 .  00 

733.  ..  .Michigan    10.50 

733.... Ohio   12.00 

733 Virginia    13.50 

Grant    Street. 
West  of  King  Hill  Avenue. 

.Michigan    7.30 

.Ohio  9-50 

.Virginia    11.50 

.  Kentucky   

.Alabama  


733 
733 
733 


King    Hill   Avenue. 

699 ....  Lake  boulevard    .... 
699.  .  .  .950  feet  westerly  from 

west  line  of  Sixth.  . .  . 
737....  1750      feet      westerly 

from     west     line     of 

Sixth    

737 2150 

from 

Sixth 

785 2350 

from 


feet 
west 


westerly 
line     of 


feet 
west 


westerly 
lino      of 


785.  . 


785. 


694. 


Sixth 
.2850 

from 

Sixth 
.3050 

from 

Sixth    .  . 
.Division 


feet 
west 


westerly 
line     of 


39.00 
42.00 

51.00 

61.00 

66.00 

69.00 


feet 

west 


westerly 
line     of 


67.00 
59.00 


G.  O.  No.  Feet 

694 ...  . Russell    55 .  00 

694.  ..  .Iowa  avenue   53.00 

694 Clayton   50.00 

694. ..  .Nebraska   (west  from 

King  Hill  avenue) 47.00 

094.  ..  .Nebraska    (east   from 

King  Hill  avenue) 45.00 

694.  ..  .Kansas      (west     from 

King  Kill  avenue) 43.00 

G94.  . .  .Kansas      (east     from 

King  Hill  avenup  ) 42.00 

644.  ..  .Missouri  ave.,   west..    39.50 
672.  . .  .^Missouri  Ave.,  east.  . .   38.50 

670.  ..  .Colorado  avenue 34.50 

670 ....  Texas  avenue 30 . 00 

670.  ..  .Arizona  avenue   22.50 

646.  .  .  .Cherokee  street 18.00 

657.  .  .  .Illinois  avenue   22.50 

670 ....  Indiana   avenue 31 .  00 

070 ....  Massachusetts        ave- 
nue     34.00 

670.  ..  .Michigan  avenue  ....   44.00 

801 Ohio 48.00 

801 Virginia    46.00 

801.  ..  .Alabama 40.00 

Lake   Avenue. 
West  of  King  Hill  Avenue. 
....  Nebraska   avenue .... 

Kansas  avenue 

644 ....  Missouri  avenue 23.50 

.Colorado  avenue 16.00 

.Texas  avenue  10.50 

.Arizona  avenue   7.50 

.  Wyoming  avenue  ....     6.00 

.Dakota  avenue  5.50 

.Cherokee    5.50 

.Illinois 6.00 

.Alley  between  Illinois 
avenue  and  Indiana..     6.50 

.Indiana   6.00 

.Alley  between  Indi- 
ana and  Massachu- 
setts        6.50 

.Massachusetts    6.00 

.Michigan 7.00 

.Ohio  8.00 

.Virginia    9.00 


674.. 
069.  . 
669.. 
GG9.. 
669.. 
646.. 
646.. 
733 .  . 


rroo 

733, 


(oo. 

733. 
733. 
733. 


416 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Lookout  Street. 
G.  O.  No.  Feet 

Bast  of  King  Hill  Avenue. 

735 Indiana    154.00 

735 Fleeman   136.00 

735 Hammond 102 .  00 

735 Harvard   111.00 

735 Yale   140.00 

735 Oberlin   154.00 

735 Vassar  128.00 

Pryor  Street, 

West  of  King  Hill  Avenue. 

Colorado  

. .Texas  

.  .Arizona  

.  .  Cherokee    

646 Illinois    8.00 

733 Indiana    10.30 

733 Massachusetts    12 .  50 

733 Michigan    17 .  75 

733 Ohio   21.00 

Virginia    

Alabama 

Swift   Avenu.i. 

East  of  King  Hill  Avenue. 

778 120      feet      north      of 

north  line  of  Blake  in 
alley  through  block  9, 

Widman    68.00 

778 Blake 70.00 

778 220      feet      south      of 

Blake  73.00 

735 Cherokee    50 .  00 

735.  . .  .275  feet  south  of  south 

line  of  Cherokee 64.00 

735 Indiana   60.00 

735 Fleeman   70.00 

735 Hammond    62.00 

Third  Street. 

East  of  King  Hill  Avenue. 
Alley  north  of  Prindle 

735 Prindle    184.00 

735 Fleeman 129.00 

735 Haeberle Ill . 00 


EAST  AND  WEST  STREETS. 

Alabama  Street. 
G  O.  No.  Feet 

801 King  Hill  avenue 40.00 

Arizona  Avenue. 

670 King  Hill  avenue 22.50 

Blake  Street. 

672 First  or  WiHiams 110.00 

695.  . .  .Second  or  Barbara. .  .116.00 

672 150   feet   west  of  the 

west  line  of  Miami.  .123.00 

672 Miami 125 .  OQ 

672 Halsey 164 .  00 

672 ....  Sawyer   174 .  OO 

Cherokee  Street. 

West  of  King  Hill  Avenue, 

646 King  Hill  avenue 18.00 

646 ....  Pryor  avenue   7 .  oo 

646. ..  .Gordon  avenue 5.30 

646 ....  Lake  avenue 5.50 

646 At  the  C,  R.  I.  &  P. 

R.  R.  Co.'s  easterly  R. 

of  W.  line 6.50 

Cherokee  Street. 

East  of  King  Hill  Avenue. 

735.... Swift  avenue    50.00 

Morris  avenue   

Coy    

Clayton  Street. 
694 King  Hill  avenu<- 50.00 

Colorado   Avenue. 
East  of  King  Hill  Avenue. 

672 260   feet   west   ol   the 

west  line  of  Williams.    70.00 

672 170   feet   west  of   the 

west  line  of  Williams.   75.00 

672 Williams  76.00 


ART.  II. 


GRADES. 


417 


Colorado  Avenue — Cont'd. 
G.  O.  No.  Feet 

672 Barbara    92.00 

725 Miami    102.00 

725 Fifth    127.00 

725....  East     line    of    Buena 

Vista  addition 157.00 

i 
Colorado  Avenue. 

West  of  King  Kill  Avenue. 

....Alley  between  King 
Hill  and  Pryor 

.... Pryor  

....  Lake  avenue 

.  . .  .East  right  of  way  line 
of  the  R.  I.  Ry 

Division  Street, 
694 King  Hill  avenue 59.00 

Fleeman  Street. 

735....  Alley    between     First 

and   Second   187.00 

Haeberle  Street. 

735.... Alley     between    First 

and  Second   173.00 

Harvard  Street. 


735.... Alley    between     King 
Hill  avenue  and  Look- 
out      61.00 

Hammond  Street. 

735 Swift    avenue 62.00 

735 Lookout 102  .  00 

735 Cumberland  149.00 

Illinois  Avenue. 

657 King  Hill  avenue 22.50 

646. ..  .Pryor  avenue   8.00 

646.  ..  .Gordon  avenue     6.50 

646 ....  Lake  avenue 6 . 00 

646 At  the  C,  R.  I.  &  P. 

easterly  of  R.  W.  line .  7.00 
27 


Indiana  Avenue. 
G.  O.  No.  Feet 

East  of  King  Hill  Avenue. 

735 Swift  avenue    60 .  00 

735 Lookout    154.00 

735 First  or  William   207.00 


Indiana  Avenue. 
West  of  King  Hill  Avenue. 

..King  Hill  avenue....   31.00 

..Pryor  avenue   10.30 

.  .Gordon  avenue 7.50 

. .  Carnegie  street   6 .  30 

. .  Lake  avenue  6 .  00 

..East  R.  of  W.  Une  of 
the  C,  R.  I.  &  P.  Ry.. 


670. 
733. 

733. 
733. 


Iowa  Street. 

694 King  Hill  avenue 53.00 

Kansas  Avenue. 
East  of  King  Hill  Avenue. 

694 King  Hill  avenue 42.00 

824 ...  .At  alley  between  King 
Hill  avenue  and  Wil- 
liams street 48 .  00 

824 Williams  street   68.00 

824 Barbara    92.00 

824.... At  a  point  opposite  a 
line  between  lots  9 
and      10,      block      1, 

Clark's   addition 103.00 

824 Miami    120.00 

Fifth    

Sixth    

Kansas  Avenue. 

West  of  King  Hill  Avenue. 

094 King  Hill  avenue  ....   43 .  00 

....Alley  between  King 
Hill  avenue  and  Lake 
avenue    


418 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Massachusetts  Street. 
G.  O.  No.  Feet 

670 King  Hill  avenue 34.00 

733 ....  Pryor  avenue   12 .  50 

733 Gordon  avenue 9 .  00 

733 ....  Carnegie  ''  ■  30 

733 Lake  avenue 6 .  00 

East  R.  of  W.  line  of 

c,  R.  I.  &  P  Ry 

Michigan  Street. 

670 King  Hill  avenue 44.00 

733 ....  Pryor  avenue   17 .  75 

733 Gordon  avenue 10 .  50 

733 Carnegie  9-00 

733 Grant  7.30 

733 Lake  avenue 7.00 

East  R.  of  W.  line  of 

c,  R.  I.  &  P.  Ry 


Missouri  Avenue. 

West  of  King  Hill  Avenue. 

. .  .King  Hill  avenue  ....   39.50 
...Alley     between     Park 
avenue  and  King  Hill 

avenue    ...    34.00 

.  Lake  avenue  23 .  50 

.425  feet  west  of  Lake 
avenue    12.00 


G44 
644 


644. 
644. 


672. 
672. 
672. 
673. 

673. 
673. 


700. 


700, 


Nebraska   Avenue. 
G.  O.  No.  Feet 

West  of  King  Hill  Avenue. 

694 King  Hill  avenue 47.00 

Nebraska   Avenue. 

East  of  King  Hill  Avenue. 

694.... King  Hill  avenue....   45.00 


Missouri  Avenue. 

East  of  King  Hih  Avenue. 

..King  Hill   avenue....   38.50 

..Williams  or  First 63.00 

..Barbara,  or  Second..   81.00 
, .  .275    feet   east    of    the 

east  line  of  Barbara. .   99.50 

. .  .Miania 116.00 

. .  .186   feet   east   of   the 

east  line  of  Miama.  .  .134.00 
. . .  Fifth      (between     the 
street    lying    east    of 
blocks     1,     4     and     5, 
Buena  Vista  addition). 139. 00 
...  At  east  line  of  Buena 

Vista  addition    177.50 


801 
733 
733 
733 
733 
733 


694. 


Ohio  Street. 

.King  Hill  avenue  ....   48.00 

.Pryor  avenue   21.00 

.Gordon  avenue 12.00 

.  .  .Carnegie   H-^O 

.  .  .Grant  street    9.50 

Lake  avenue 8 .  00 

..  .East  R.  of  W.  line  of 
C,  R.  L  &  P.  Ry 

Oxford  Street. 
Russell  Street. 
.King  Hill  aven'ip 55.00 


670. 


735. 
735 . 


801. 


546. 


546. 


Texas  Avenue. 

..King  Hill  avenue....   30.00 
Vassar  Street. 

.  .  Tennessee    104 .  00 

.  .Belding   114.00 

Virginia  Street. 

...King  Hill  avenue 46.00 

Alleys. 

...Between  Third  and 
Fourth  streets,  block 
38,  St.  Joseph  Exten- 
sion addition,  north 
line  St.  Joseph  Exten- 
sion addition 156.00 

. .  .  Between  Third  and 
Fourth  streets,  block 
42,  Original  Town,  90 
feet  north  of  Francis.   57.50 


ART.  II. 


GRADES. 


419 


Alleys — Cont'd. 

G.  O.  No.  Feet 

546.  ..  .Between  Fourth  and 
Fifth  streets,  block 
49,  Original  Town,  88 
feet  south  of  Jules.  .  .   72.50 

546 110      feet      south      of 

Jules    72.00 

546.  ..  .Between  Fourth  and 
Fifth  streets,  block  47, 
Original  Town,  100 
feet  north  of  Faraon  .111.00 

546.  ..  .Between  Sixth  and 
Seventh  streets,  block 
16,  St.  Joseph  Im- 
provement addition, 
intersection  of  alleys 
in   said   block 79.00 

546.  ..  .Between  Sixth  and 
Seventh  streets,  Bge's 
addition,  north  line  of 
lot  21  141.50 

546.  ..  .Between  Eighth  and 
Ninth  streets,  block 
19,  Smith's  addition, 
120  feet  north  of  Far- 
aon    110.00 

546.  ..  .Between  Eighth  and 
Ninth  streets,  block 
21,  Smith's  addition, 
intersection  of  alleys.   66.00 

546.  ..  .Between  Ninth  and 
Tenth  streets,  Sny- 
der tract,  186  feet 
north  of  Robidoux 
street 119.00 

546 140  feet  north  of  Ro- 
bidoux   120.00 

546 70  feet  north  of  Robi- 
doux   121.75 

546.  ..  .Between  Ninth  and 
Tenth  streets,  block 
33,  Smith's  addition, 
half  way  between  Fe- 
lix and  Francis 62.50 


G.  O.  No.  Feet 

546.  . .  .B  e  t  we  e  n  Eleventh 
and  Twelfth  streets. 
Fink's  addition,  inter- 
section of  alleys)  in 
said  block    106.00 

546 Between    Eleventh 

and  Twelfth  streets, 
block  57,  Smith's  ad- 
dition, 180  feet  south 
of  Angelique   140 .  00 

546  ....Between  Lafayette 
and  Seneca  streets, 
block  11,  Wyatt  Park 
addition,  175  feet  west 
of  Twenty-seventh    ..110.00 

546  ....Between  Lafayette 
and  Seneca  streets, 
block  12,  Wyatt  Park 
addition,  300  feet  west 
of  Twenty-eighth 138.00 

546.  ..  .Between  Olive  and 
Lafayette  streets, 
block  9,  Wyatt  Park 
addition,  375  feet  east 
of  Twenty-seventi;  or 
225  feet  west  of 
Twenty-eighth     129 .  00 

546 100      feet      west      of 

Twenty-eighth  142 .  50 

546 ....  Between  Penn  street 
and  Mitchell  avenue, 
block  15,  Wyatt  Park 
addition,  175  feet  west 
of  Twenty-seventh  . .  .131.00 

546 Between  E  i  g  h  teenth 

and    Nineteenth,     195 

feet  south  of  Penn...   69.00 

584.  .  .  .North  and  south  alley 
in  block  2,  Avenue  ad- 
dition, at  the  intersec- 
tion of  said  alley  with 
the  alley  lying  south 
of  lot  26,  block  2,  Ave- 
nue addition   109 .  00 


420 


REVISED  ORDINANCES. 


CHAP.  XIX. 


Alleys — Cont'd. 

G.  O.  No.  Feet 

584.  . .  .Alley  between  Four- 
teenth and  Mount 
Mora  road  at  the 
north  line  of  lots  3 
and  35j  block  2,  ave- 
nue addition    130.00 

587.... In  block  1,  Herman's 
addition,  at  a  point 
300  feet  east  of  Twen- 
ty-fourth  street      95.00 

603.  ..  .Between  Patee  and 
Mary  streets  and  be- 
t  w  e  e  n  Twenty-sixth 
and  Twenty-seventh 
streets,  250  feet  west 
of  the  west  line  of 
Twenty-seventh  street  96.00 

613.  ..  .Between  Edmond  and 
Felix  and  Fourteenth 
and  Fifteenth  at  a 
point  sixty  feet  north 
of  the  north  line  of 
Edmond 154.00 

613 120      feet      north      of 

north  line  of  Edmond 
street 153.00 

620.  ..  .Between  Olive  and 
Patee  and  Twenty- 
fourth  and  Twenty- 
sixth  streets,  320  feet 
west  of  the  center  line 
of  Twenty-sixth  street  79.00 

682 First    alley    south    of 

Buchanan  avenue,  be- 
tween Sixteenth  and 
Seventeenth  streets, 
160  feet  east  of  Six- 
teenth   111.00 

684.  . .  .Alley  between  Seneca 
and  Penn  and  Twen- 
ty-seventh and  Iwen- 
ty-eighth,  160  feet 
west  of  Twenty- 
eighth    154.00 


G.  O. 

G92., 


(01.  . 


706. 


706. 


706. 


744. 


744. 


747.  . 


747. 


751 


No.  Feet 

..Alley  between  Penn 
and  Mitchell  avenue, 
200  feet  east  of  Twen- 
ty-seventh   138.00 

..Alley  between  Third 
and  Fourth  and  be- 
tween Dolman  and  St. 
Paul  streets,  120  feet 
south  of  the  south  line 
of  Dolman    152.00 

.  .Alley  between  Jules 
and  Francis  ani  be- 
tween Twenty-second 
and  Twenty-fourth, 
120  feet  east  of  the 
east  line  of  Twenty- 
second  street 147 .  00 

. .240  feet  east  of  the 
east  line  of  Twenty- 
second  street 144 .  00 

. .  120  feet  west  of  the 
west  line  of  Twenty- 
fourth  121.00 

..Between  Jules  and 
Francis,  295  feet  east 
of  Twenty-eighth 78.50 

.  .  Between  Jules  and 
Faraon,  295  feet  east 
of  Twenty-eighth 80 .  50 

..Between  Penn  and 
Seneca,  Twenty- 
seventh  to  Twenty- 
eighth,  100  feet  east 
of  east  line  of  Twen- 
ty-seventh   128.50 

..Between  Penn  and 
Seneca,  Twenty- 
seventh  to  Twenty- 
eighth,  200  feet  east 
of  the  east  line  of 
Twenty-seventh    137 .  50 

. .  Highland  avenue  and 
Dolman,  Third  and 
Fourth,  at  intci  sec- 
tion of  alleys 149.00 


ART.  II. 


GRADES. 


421 


Alleys — Cont'd. 

G.  O.  No.  Feet 

690.... Alley  between  Jones 
and  Highly,  200  feet 
west  of  Nineteenth 
street    1G5.00 

781 Through  block  1,  Sax- 
ton  Heights,  at  a 
point  120  feet  north- 
westerly from  west 
line  of  Ashland  ave- 
nue   195.. 50 

781.  .  .  .At  a  point  150  feet 
east  line  of  Twenty- 
sixth  181.00 

787.... Alley  between  Tenth 
and  Eleventh,  block 
41,  Smith's  Intersec- 
tion of  center  line  of 
alley  with  the  center 
line  of  alley  running 
east  and  west  through 
the  east  half  of  said 
block  41    121.00 

808.... Alley  between  Twen- 
ty-fourth and  Twenty- 
fifth,  at  a  point  150 
feet  north  of  the  north 
line  of  .Jones  street.  .182.00 

812.... Alley  between  Twen- 
ty-fourth and  Twenty- 
fifth,  at  a  point  60  feet 
north  of  the  north 
line  of  Union  street.  .184.00 


G.  O.  No.  Feet 

813.... Alley  between  Seven- 
teenth and  Eigh- 
teenth, at  a  point  120 
feet  south  of  south 
line  of  Charles 155.00 

814.... Alley  between  Tenth 
and  Eleventh,  at  a 
point  321  feet  south  of 
south  line  of  Grand 
avenue 71.00 

814.... Alley  between  Tenth 
and  Eleventh,  inter- 
section of  said  alley 
and  Woodson  street.  .103.00 

814.... Alley  be+ween  Tenth 
and  Eleventh,  inter- 
section of  said  alley 
with  south  line  Fair 
Groimds  addition  ....146.00 

810....  In  north  and  south 
alley  through  block 
59,  Robidoux,  and 
block  1,  St.  Joseph 
Extension,  at  the  east 
and  west  section  line.  181. 00 

861.... Alley  between  Jones 
and  Highly,  at  a 
point  100  feet  east  of 
Nineteenth  street    ...168.00 

861.... Alley  between  Jones 
and  Howard,  at  a 
point  100  feet  east  of 
Nineteenth  street  ....144.00 


422 


REVISED  ORDINANCES. 


CHAP.  XIX. 


ARTICLE     III 


GRADING,  IMPROVEMENT  AND  REPAIR  OF  STREETS. 


Section 

519.     Grading,  how  performed. 

Curbing,   shall  consist  of  what. 
Guttering'    to   be    done    in   what 

manner. 
Macadamizing,    to    be    done    in 

what  manner. 
Crossgutters,  how  and  of  what 
to  be  made. 


520. 
521. 


522. 


523. 


Section 


524. 


525. 


526. 

327. 


Crosswalks     shall     conform     to 

specifications. 
Crosswalks,    how   and    what  'to 

be  made  of. 
Tax  bills   to  be  issued  how. 
Same;    duties   of   city  engineer. 


Sec.  519.  Grading,  how  performed. — Whenever  the  mayor 
and  conmioii  council  shall,  by  ordinance,  direct  any  street,  avenue 
or  alley  to  be  prepared  for  the  macadamizing,  curbing  and  gut- 
tering, those  portions  above  grade  shall  be  excavated,  and  those 
below  grade  shall  be  filled  up,  under  the  direction  and  supervis- 
ion of  the  city  engineer,  until  the  desired  grade  is  obtained.  All 
excess  of  material  in  any  street  shall  be  deposited  in  such  places 
as  the  city  engineer  may  direct.  The  roadway  shall  be  so  shaped 
and  rounded,  and  the  sidewalks  brought  to  such  grade  and  width 
as  will  be  indicated  by  the  stakes  set  and  the  instructions  given 
by  the  city  engineer  for  that  purpose.  The  grading  of  each  block 
shall  be  fully  completed  before  any  macadamizing  is  laid  on,  and 
no  stones  shall  be  broken  on  the  streets  under  contract,  unless 
the  city  engineer  shall  give  his  permission,  in  writing,  to  that 
effect.      [R.  0.  1897,  Chap.  34.  Art.  3,  Sec.  1]. 


Sioc.  520.  Curbing,  shall  consist  of  what. — The  material  for 
the  curbing  shall  consist  of  the  best  quality  of  artificial  stone, 
lime  or  sand-stone,  free  from  §eams,  clay  or  shale,  and  perfectly 
sound  in  every  respect.  No  stone  shall  be  less  than  twenty-four 
inches  deep  and  thirty  inches  long,  and  the  top,  after  being 
dressed,  shall  be  at  least  five  inches  thick.  The  whole  face  and 
top  shall  be  hammered,  sawn  or  dressed,  and  the  back  for  a  space 
of  four  inches  below  the  top,  shall  be  brought  to  a  uniform  surface, 
so  as  to  fit  closely  to  a  brick  or  stone  sidewalk.  The  plane  of  the 
top  shall  make,  with  the  face,  an  angle  of  102  degrees,  to  be  varied 
as  the  city  engineer  may  direct,  and  the  top  shall  be  set  so  that  it 


ART.  III.  GRADING.  423 

shall  correspond  to  the  plane  of  the  sidewalk  paving.  No  stone 
shall  be  less  than  five  inches  thick  at  the  base ;  the  joints  shall  be 
truly  vertical,  and  so  dressed  as  not  to  show  an  opening  exceeding 
half  an  inch  anywhere  above  the  guttering.  [R.  O.  1897,  Chap. 
34,  Art.  3,  Sec.  2] . 

Sec.  521.  Guttering,  to  be  done  in  what  manner — The  ma- 
terial used  for  the  guttering  shall  consist  of  either  lime-stone, 
fully  as  good  as  that  used  for  curbing,  or  hard  burned  vitrified 
brick,  as  the  common  council  may  direct;  if  limestone  be  used 
the  stone  shall  be  hammer  dressed  on  its  entire  upper  surface, 
and  so  dressed  and  shaped  at  the  curb  side  as  to  fit  closely  thereto 
througliout  its  entire  thickness;  the  joints  shall  be  correctly  at 
right  angles  to  the  line  of  the  curb,  and  shall  be  so  dressed  that 
no  opening  shall  exceed  half  an  inch ;  the  gutter  stones  shall 
break  joints  with  the  curb  stones;  and  the  gutter  shall  not  be  less 
than  three  and  one-half  feet  wide ;  no  stone  shall  be  less  than 
eight  inches  long,  six  inches  wide  and  nine  inches  thick ;  the  side 
of  the  guttering  next  to  the  macadamizing  shall  be  brought  to 
a  true  line  and  elevated  five  inches  higher  than  the  curb  side, 
unless  the  city  engineer  shall  otherwise  direct.  The  gutter  stones 
shall  be  set  on  a  base  of  not  less  than  four  inches  of  sand^  and  all 
intersections  shall  be  thoroughly  filled  with  clean  sand,  swept 
in  and  rammed  down.  If  brick  be  used,  the  brick  shall  be  hard 
burned  vitrified  brick  two  inches  by  four  inches  by  eight  inches 
in  size,  laid  in  two  courses  in  clean,  sharp  sand  in  the  same  manner 
as  required  for  street  pavement  or  of  the  same  quality  of  brick 
made  in  special  shapes  and  sizes  for  this  purpose  as  may  be  deter- 
mined from  time  to  time  by  the  city  engineer.  The  oide  gutter 
shall  be  not  less  than  three  and  one-half  feet  wide,  and  the  side 
next  to  the  macadamizing  shall  be  brought  to  a  true  line  and 
elevated  at  such  height  above  the  curb  side  as  the  engineer  may 
direct.  The  cross  gutters  shall  be  of  such  shape  and  dimensions 
as  may  be  ordered  by  the  city  engineer.     [G.  O.  No.  723,  Sec.  3]. 

Sec.  522.  Macadamizing,  to  be  done  in  what  manner. — Be- 
fore macadamizing  the  roadbed  shall  be  thoroughly  settled,  so  as 
to  have  a  compact  and  uniform  surface,  and  the  macadamizing 
shall  not  be  commenced  until  the  city  engineer  has  approved  of 
the  roadbed.  The  material  for  macadamizing  shall  consist  of 
clean,  sound  limestone,  broken  to  a  size  sufficiently  small  that  each 


424  REVISED  ORDINANCES.  CHAP.  XIX. 

stone  may  pass  throuoli  a  ring  four  inches  in  diameter,  to  be  at 
least  six  inches  in  depth  next  to  the  guttering,  and  to  be  gradually 
increased  to  the  depth  of  ten  inches  in  the  center  of  the  roadway ; 
the  rock  to  be  laid  as  close  and  compact  as  possible.  Second :  A 
layer  of  sound  lime-stone  rock,  broken  as  near  as  possible  to  a 
size  so  as  to  pass  through  a  ring  of  one  and  one-half  inches  in 
diameter,  shall  be  laid  over  said  rock  to  a  depth  of  five  inches 
next  to  the  guttering  and  to  be  increased  to  a  depth  of  eight  inches 
in  the  center;  the  layer  of  rock  constituting  the  roadway,  as  above 
described,  and  the  layer  of  broken  stone  placed  over  it,  shall, 
when  completed,  describe  as  near  as  may  be  the  segment  of  a 
circle  in  its  upper  surface,  having  a  depth  of  eleven  inches  at  the 
guttering  and  a  depth  of  eighteen  inches  in  the  center  of  road- 
way; and  as  each  block  is  finished  it  shall  be  top-dressed  with 
one  inch  in  depth  of  bluff,  thoroughly  rolled.  The  whole  shall 
be  executed  under  the  supervision  and  agreeably  to  the  city  en- 
gineer, to  whom  the  right  is  reserved  of  making,  in  the  foregoing 
specifications,  any  alterations  that  to  him  may  seem  expedient 
or  necessary,     [R.  0.  1897,  Chap.  34,  Art.  3,  Sec.  5]. 

Sec.  523.  Crossgutters,  how  and  of  what  to  be  made. — Cross- 
gutters  which  may  hereafter  be  constructed  in  the  streets,  alleys 
or  highways  of  the  city  of  St.  Joseph,  shall  be  constructed  of  the 
materials  and  laid  in  the  manner  provided  in  one  of  the  three  sets 
of  specifications  following,  as  the  common  council  may  at  the  time 
direct : 

(a).  Shall  consist  of  paving  stone  as  prescribed  in  section 
521  of  this  article,  and  laid  as  therein  provided. 

(b).  Shall  consist  of  two  courses  of  hard  burned  brick,  suit- 
able for  street  paving,  and  laid  in  snnd  in  the  manner  prescribed 
for  street  paving  brick. 

(c).  Shall  consist  of  a  course  of  hard  burned  brick,  suitable 
for  street  paving,  laid  in  sand  upon  a  bottom  course  of  broken 
stone  filled  with  sand. 

All  gutters  across  streets  shall  be  no  more  than  eight  inches 
in  depth,  with  a  sufficient  surface  nt  the  bottom  to  carry  the  water 
off  the  street,  and  shall  be  gradually  widened  to  the  top,  so  as  not 
to  incommode  the  use  of  vehicles. 


ART.  Ill  GRADING.  425 

The  details  of  work  under  specifications  A,  B  and  C,  above 
mentioned,  shall  strictly  conform  to  those  set  forth  in  like  lettered 
specifications  in  section  525  of  this  article,  excepting  only  as  to 
the  conformation  and  finished  surface  of  the  work.  [R.  0.  1897, 
Chap.  34,  Art.  3,  Sec.  6]. 

Sec.  524.     Crosswalks  shall  conform  to  specifications. — All 

crosswalks  hereafter  to  be  laid  and  constructed  in  the  city  of  St. 
Joseph  shall  conform  to  the  one  of  the  four  sets  of  speeifieations 
following,  as  the  common  council  may  direct.  [R.  0.  1897,  Chap. 
34,  Art.  3,  Sec.  7]. 

Sec.  525.  Crosswalks,  how  and  what  to  be  made  of. — Cross- 
walks shall  consist  of  the  materials  named  in  the  four  following 
specifications.  A,  B,  C  and  D,  and  laid  and  constructed  as  therein 
set  forth  respectively : 

(a).  Shall  consist  of  stone  flagging  and  paving  stone  laid  in 
sand,  as  follows:  two  i)arallel  rows  of  flagging  placed  end  to  end 
across  the  street  from  curb  to  curb,  and  sepui'ated  by  two  rows  of 
paving  stones :  there  shall  also  be  placed  a  single  row  of  paving- 
stones  along  the  outer  edge  of  each  row  of  flagging;  the  flagging 
shall  be  of  sound  limestone,  laid  upon  its  natural  bed,  the  flags  to 
be  hammer  dressed  or  saAvn  upon  the  entire  upper  surface  ends 
and  edges,  not  less  than  thirty-six  inches  long,  eighteen  inches 
wide  and  eight  inches  thick,  the  width  to  be  practically  uniform 
for  each  row  of  flags  throughout  its  length.  The  paving  stone  shall 
conform  strictly  to  the  requirements  of  section  530  of  this  article 
for  guttering  stone ;  the  whole  shall  be  laid  upon  a  bed  of  not  less 
than  four  inches  of  coarse  sand,  and  all  interstices  filled  with 
coarse  sand  swept  in,  and  the  stones  and  flags  rammed  down 
thoroughly,  so  that  the  finished  surface  of  the  crosswalks  shall  be 
as  follows :  the  center  line  of  the  crosswalks  shall  remain  one 
inch  and  one-half  above  the  finished  surface  of  the  macadam  or 
graded  roadway,  the  outer  edge  of  each  row  of  flags  shall  be  one- 
half  inch  above  the  macadam  or  graded  roadway,  and  the  outer 
row  of  paving  stone  shall  be  so  dressed  that  its  outer  edge  shall 
be  one-quarter  of  an  inch  above  the  macadam  or  graded  roadway ; 
towards  the  ends  of  the  crosswalks  they  shall  conform  to  the  sur- 
face of  the  gutter. 


426  REVISED  ORDINANCES.  CHAP.  XIX. 

(b).  Shall  consist  of  hard  burned  brick  of  suitable  quality 
for  street  paving,  laid  in  sand  as  follows:  first  the  foundation 
shall  be  graded  to  the  proper  depth,  and  thoroughly  rammed  if 
deemed  necessary  by  the  city  engineer,  then  covered  with  at  least 
four  inches  of  coarse  sand;  upon  this  shall  be  laid  one  course  of 
brick  upon  the  flat  side,  corresponding  in  direction  with  the  length 
of  the  street ;  the  joints  of  this  layer  shall  be  filled  with  sand  and 
thoroughly  swept  in,  upon  this  shall  be  spread  a  layer  of  coarse 
sand  at  least  one  inch  thick,  upon  which  shall  be  laid  the  top 
course  of  brick  upon  edge,  and  at  right  angles  to  the  street;  the 
joints  of  this  course  shall  be  then  filled  with  sand  thoroughly 
swept  in,  after  which  the  whole  shall  be  thoroughly  raaimed  with 
a  heavy  rammer,  striking  upon  a  board,  and  then  covered  with 
one-half  inch  of  sand.  Brick  crosswalks  shall  be  five  feet  wide 
as  near  as  may  be,  including  two  white  or  burr  oak  barge  boards, 
three  inches  thick,  one  on  each  side  of  the  brick  work,  extending 
from  curb  to  curb  or  from  gutter  to  gutter.  The  wotk  shall  be 
so  laid  to  conform,  after  ramming,  to  the  surface  of  the  street  as 
follows :  The  center  line  of  crosswalks  shall  be  one  and  one-half 
inches  above  the  adjacent  macadam  or  graded  roadway,  and  the 
outer  edge  of  each  barge  board,  after  being  beveled  three-eighths 
of  an  inch,  shall  conform  to  the  surface  of  the  macadam  or  graded 
roadway. 

(c).  Crosswalks  may  be  of  hard  burned  brick  suitable  for 
roadway  paving  laid  in  sand,  on  a  broken  stone  base  as  follows: 
the  sub-grade  shall  be  excavated  to  the  proper  depth  and  thor- 
oughly rammed  if  deemed  necessary  by  the  engineer.  On  the  sub- 
grade  shall  be  laid  a  six  inch  course  of  stone  broken  to  pass  a 
four  inch  ring,  the  interstices  filled  with  coarse  sand ;  on  this  shall 
be  placed  a  two  inch  course  of  stone  broken  to  pass  through  a 
one  and  one-half  inch  i-iiig,  and  the  interstices  filled  with  coarse 
sand ;  upon  this  shall  l)e  spread  a  layer  of  sand  one  and  one-half 
inches  thick  and  on  this  Inyer  of  sand  a  course  of  brick  on  edge, 
];iid  at  i-ight  angles  to  the  direction  of  the  street,  the  joints  to  be 
filled  with  cotirse  sand  thoroughly  swept  in;  the  whole  walk  shall 
then  be  thoroughly  ramnuHl  with  a  heavy  rammer  striking  a  plank 
and  covered  with  one-half  inch  layer  of  sand.  The  walk  shall  be 
five  feet  Avide  including  the  barge  boards  of  the  kind  described  in 
specification  B  above  and  laid  as  therein  required ;  the  surface  of 
the  crosswalks  shall   conform  as  that  described  in  specification 


ART.  III.  GRADING.  427 

B  above.     AVhenever  a  crosswalk  and  crossgutter  adjoin,  then 
one  of  the  barge  boards  prescribed  for  crosswalks  shall  be  omitted. 

(d).  Wooden  or  second-class  crosswalks  shall  be  constructed 
of  four  courses  of  two  by  eight  inch  white  or  burr  oak  plank  ex- 
tending from  sidewalk  line  to  sidewalk  line  and  supported  on  two 
by  eight  inch  cross  plank  or  sleepers  of  same  material.  The  cross 
pieces  shall  have  tAvo  of  the  corners  suitably  beveled  ofit'  so  that 
the  two  inside  planks  shall  lay  horizontal  and  the  two  outside 
planks  on  a  bevel  to  allow  of  the  easy  crossing  of  vehicles.  The 
sleepers  shall  be  placed  every  four  feet  across  the  length  of  the 
crosswalk.  The  crosswalks  shall  so  conform  to  the  actual  lay  of 
the  roadway  as  to  cause  as  little  grading  as  possible.  [R.  0.  1897, 
Chap.  34,  Art.  3,  Sec.  8]. 

Sec.  526.  Tax  bills  to  be  issued,  how. — Whenever  the  muni- 
cipal assembly  shall,  by  ordinance,  cause  to  be  graded,  construct- 
ed, reconstructed,  macadamized,  paved  or  otherwise  improved, 
any  street,  sidewalk,  alley,  avenue  or  highway,  or  parts  thereof, 
within  the  city  as  authorized  and  empowered  to  do  under  the  gen- 
eral law  appicable  to  cities  of  the  second  class,  the  costs  of  which 
may  be  charged  as  a  special  tax  upon  adjoining  lauds,  according 
to  the  frontage  thereof  on  the  sidew^alk  or  alley,  or  may  be  charged 
as  a  special  tax  on  lands  on  both  sides  of  and  adjoining  the  street, 
avenue  or  highway,  as  provided  in  section  5662  Revised  Statutes 
of  1899,  the  owner  of  any  lot  or  parcel  of  ground  fronting  on  such 
street,  may  within  ten  days  after  the  letting  of  the  contract  for 
such  work,  notify  the  city  engineer  that  he  desires  to  pay  for  such 
work  in  five  annual  payments,  then  the  city  engineer  shall  make 
out  five  separate  special  tax  bills,  each  for  one-fifth  part  of  the 
cost  for  such  work,  bearing  interest  at  such  rate  as  shall  be  fixed 
in  each  case  by  ordinance,  not  to  exceed  ten  per  cei.t  on  each 
payment  from  date  of  issue  to  date  of  payment,  said  interest  to 
be  payable  semi-annually,  on  the  first  days  of  February  and  July 
of  each  year,  at  the  office  of  the  city  treasurer,  and  if  default  be 
made  in  the  payment  of  interest  due  on  either  of  said  days,  then 
the  principal  and  interest  on  special  tax  bills  shall  become  then 
and  there  due  and  payable,  and  may  be  collected  as  provided  by 
law.     fG.  0.  No.  717,  Sec.  1]. 


428  REVISED  ORDINANCES.  CHAP.  XIX 

Sec.  527.  Same;  duties  of  city  engineer. — After  a  contract 
has  been  made  for  the  grading  of  any  street,  avenue  or  highway, 
or  part  thereof,  exclusive  of  the  grading  of  sidewalks  thereon,  the 
city  assessor  shall  assess  the  value  of  all  the  property  to  be  charged 
with  the  costs  thereof,  exclusive  of  the  improvements  thereon, 
and  deliver  the  same  to  the  city  engineer,  and  when  such  grading 
shall  be  comj)leted,  the  city  engineer  shall  compute  the  cost  there- 
of, and  apportion  such  cost  among  the  several  lots  or  parcels  of 
property  to  be  charged  therewith  according  to  the  value  thereof 
fixed  by  the  city  assessor  as  aforesaid,  and  charge  each  lot  or 
parcel  of  property  with  its  proper  share  of  such  costs.  When 
work  other  than  grading,  as  last  aforesaid,  shall  be  completed 
under  authority  of  the  law  governing  cities  of  the  second  class, 
the  city  engineer  shall  compute  the  cost  thereof  and  apportion 
the  same  among  the  several  lots  or  parcels  of  land  to  be  charged 
therewith,  and  charge  each  lot  or  parcel  of  property  with  its 
proper  share  of  such  costs  according  to  the  frontage  of  the  prop- 
erty. The  city  engineer  shall,  after  so  apportioning  and  charging 
the  costs  of  any  work,  make  out  and  certify  special  tax  bills  ac- 
cording to  such  apportionment  and  charge  the  same  in  favor  of 
the  contractor  to  be  paid  against  the  several  lots  or  parcels  of 
land  charged,  and  register  the  same  in  full  in  his  office,  and  deliver 
such  bills  to  the  party  in  whose  favor  issued  for  collection,  and 
take  his  receipt  therefor  at  the  foot  of  the  register  ihereof,  in 
full  of  all  claims  against  the  city  on  account  of  said  work ;  each 
tax  bill  shall  contain  a  description  of  the  lot  or  parcels  of  land 
against  which  it  is  issued,  full  and  correct  enough  to  identify 
the  same.     [G.  O.  717,  Sec.  2]. 


ART.  IV. 


EXCAVATING  IN  STREETS. 


429 


ARTICLE     IV. 


EXCAVATING   IN   STREETS. 


Section 

51-'8.     Excavations,   permit   for — regu- 
lation of. 

Applicant  for  permit  must  file 
bond. 

Permit  must  be  kept  on  the 
work;  returned,  when — plat 
or  plan  of  work  to  be  sub- 
mitted, when. 

Fees  for  permits. 

Application  shall  state  when 
work  to  be  commenced — work 
treated  as  defective,   when. 


529. 


530. 


531. 
532. 


Section 

533.  Penalty    for    violalon    of    fore- 

going section. 

534.  Excavations    shall    l.e    guarded, 

how;    red  lights   to  be   main- 
tained. 

535.  Not    to    affect    ordinance    gov- 

erning sewer  work. 

536.  Permits  for  hitching  posts  and 

shade  trees. 


Sec.  528.  Excavations,  permit  for,  Regulation  of> — No  per- 
son, partnership,  corporation  or  association,  including  corpora- 
tions or  other  persons  possessing  franchises  under  the  city  of 
St.  Joseph,  authorizing  the  laying  of  tracks,  the  setting  of  poles, 
the  laying  of  conduits,  pipes  or  mains  or  service  pipes  connect- 
ing therewith  in  the  streets,  alleys  or  public  places  of  this  city, 
shall  disturb  the  surface,  take  up  any  sidewalk,  roadway  paving 
or  any  part  thereof,  in  any  street,  alley  or  public  place,  nor  shall 
dig  or  make  any  excavation,  hole,  ditch  or  trench  in  or  under  any 
street,  alley,  or  other  public  place  in  said  city,  cr  remove 
therefrom  any  sod,  earth  or  other  substance  without  a  written 
or  printed  permit  so  to  do  from  the  board  of  public  works.  The 
permit  herein  required  shall  be  issued  only  upon  the  written 
request  of  the  applicant  or  his  agent,  or  in  case  of  corporations, 
some  officer  thereof,  and  in  which  request  the  applicant  shall 
agree  to  save  the  city  of  St.  Joseph  harmless  from  all  damages 
which  may  accrue  to  any  person  or  property  by  reason  of  such 
disturbance,  digging,  excavating  or  interfering  wi+h  the  natural 
surface  or  with  the  sidewalk  or  roadway  pavement,  or  by  reason 
of  any  failure  to  replace  the  same  in  safe  and  secure  condition, 
and  said  applicant  shall  further  agree  to  rep'ace  all  material 
and  any  pavement  or  other  improvement  removed  or  disturbed, 
in  as  good  condition  as  before  and  in  the  manner  which  shall 
be  prescribed  by  the  board  of  public  works,  and  that  in  case 


430  REVISED  ORDINANCES.  CHAP.  XIX. 

any  material,  paving  or  other  improvement  removed  or  disturbed, 
is  not  suitable,  in  the  judgment  of  the  board  of  public  works, 
to  be  used  again  in  the  backfilling,  repaving  or  replacing  of  any 
improvement,  such  material,  paving  or  other  improvement  shall 
be  at  once  removed  and  other  of  approved  nature  and  quality 
provided  in  its  place.      [G.  O.  No.  816.  Sec.  1]. 

Sec.  529.  Applicant  for  permit  must  file  bond. — The  ap- 
plication of  any  individual,  individuals  or  unincorporated  asso- 
ciation must  bear  the  endorsement  of  the  comptroller  of  the  city 
of  St.  Joseph  that  a  bond  in  the  sum  of  five  hundred  dollars, 
approved  by  said  comptroller,  has  been  filed  in  his  office  as 
security  that  said  applicant  will  well  and  truly  perform  and 
comply  with  each,  every  and  all  the  conditions  of  the  permit 
issued  to  him  or  them  and  i)rescribed  in  this  ordinance ;  Provided, 
that  any  licensed  plumber  may  file  with  the  city  comptroller  a 
bond  in  the  penal  sum  of  two  thousand  dollars,  with  at  least 
two  securities,  to  be  approved  by  said  city  comptroller,  con- 
ditioned in  every  respect  as  the  bond  of  five  hundred  dollars 
in  said  ordinance  mentioned,  which  said  bond  of  $2,000  shall 
be  held  as  indemnity  by  said  city  to  apply  to  and  cover  all 
permits  issued  to  such  licensed  plumber,  and  upon  the  filing  of 
such  bond  by  any  licensed  plumber,  the  comptroller's  certificate, 
as  hereinbefore  provided  for,  shall  not  be  required  of  such 
licensed  plumber,  but  he  shall  make  application  for  the  permit 
and  pay  for  the  same  for  each  opening  of  a  street  or  other  work 
in  the  same  manner  as  is  provided  for  all  other  persons  in  this 
ordinance.  In  addition  to  the  bond  above  required,  every  person, 
company  or  corporation  making  application  for  a  permit  shall 
deposit  with  the  board  of  i)nblic  works  the  sum  of  twenty-five 
dollai's  ($25.00)  (or  such  larger  amount  as  in  the  opinion  of  the 
board  of  public  w^orks  the  magnitude  of  the  work  contemplated 
requires),  in  cash  or  certified  check  for  the  same  amount.  If 
the  party  making  the  excavation,  hole,  ditch  or  trench  desig- 
nated in  the  permit  does  not  replace  the  earth  excavated  and 
the  paving  torn  up  and  leave  the  street,  avenue  or  alley  in  the 
condition  as  specified  by  ordinance  and  as  required  by  the  board 
of  public  w^orks,  said  party  shall  be  notified  in  writing  by  the 
])()ai(l  of  public  works  that  the  work  has  not  been  properly  done 
and  if  the  said  party  shall  neglect,  fail  oi-  refuse  to  do  the  woi'k 
in  the  manner  required  within  forty-eight  hours  from  the  date 


ART.  IV.  EXCAVATING  IN  STREETS.  431 

of  the  written  notice  the  board  of  public  works  shall  cause  the 
work  to  be  done  by  some  competent  person  or  persons  and  shall 
pay  for  said  work  out  of  the  amount  deposited  by  the  party  to 
whom  the  permit  for  doing  the  work  was  issued;  Provided,  that 
the  board  of  public  works  shall  be  the  sole  judges  as  to  whether 
the  work  has  been  done  properly  and  substantially;  and,  pro- 
vided further,  that  no  other  permit  shall  be  issued  to  the  person, 
corporation  or  company  whose  deposit  has  been  wholly  or  in 
part  used  for  the  purpose  mentioned  until  the  amount  deducted 
from  said  deposits  be  made  good.  The  board  of  public  works 
may  at  its  discretion  return  the  full  amount  or  balance  of  de- 
posit to  the  party  who  deposited  the  same.  [G.  0.  No.  816, 
Sec.  2]. 

Sec.  530.  Permit  must  be  kept  on  the  work;  returned,  when 
— plat  or  plan  of  work  to  be  submitted,  when. — The  board  of 
public  works  shall  preserve  in  their  office  all  applications  made, 
and  all  permits  issued  shall  be  detached  from  the  stubs,  which 
shall  at  the  time  of  issue  be  filled  out  in  full  as  the  permit  itself, 
and  be  bound  in  books,  and  said  stub  books  preserved  in  their 
office.  Such  permit  and  stub  shall  be  regularly  numbered  in  the 
order  issued,  and  such  permit  must  be  kept  upon  the  work  and 
exhibited  to  any  police  officer  or  inspector  asking  for  the  same, 
and  although  a  permit  may  have  been  issued,  if  not  kept  con- 
stantly upon  the  work,  such  work  shall  be  deemed  as  done  with- 
out a  permit.  Upon  the  completion  of  the  work  the  permit  shall 
be  returned  to  the  board  of  public  works  endorsed  with  the  name 
of  the  plumber,  mechanic  or  foreman  performing  the  work  or 
overseeing  the  same,  and  upon  failure  so  to  do  the  board  of  pub- 
lic works  may  refuse  to  issue  any  future  permits  to  the  appli- 
cant or  for  work  to  be  done  or  overseen  by  said  plumber,  me- 
chanic or  foreman.  The  board  of  public  works  may  require  that 
a  plat  or  plan  of  the  work  anticipated  shall  be  submitted,  and  if 
not  so  submitted,  or  if  for  good  reasons  not  meeting  their  ap- 
proval (which  reasons  shall  be  endorsed  upon  said  plans),  may 
withhold  the  permit.  All  plans  submitted  may  be  required  by 
the  board  of  public  works  to  be  upon  a  certain  convenient  scale 
and  of  a  material  suitable  for  binding;  and  all  plans,  both  ap- 
proved and  unapproved,  shall  be  preserved  by  the  board  of 
public  works  in  their  office.     [G.  0.  No.  816,  Sec.  3]. 


43  i  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  531.  Fees  for  permits. — No  permit  shall  be  issued  un- 
less the  applicaul  shall  at  the  time  pay  to  the  board  of  public 
works  the  sum  of  one  dollar  therefor;  Provided,  that  for  permits 
issued  for  repairs  to  sewers,  drains,  gas  or  water  pipes  no  charge 
shall  be  made.  All  money  received  by  the  board  of  public  works 
for  such  permits  shall  be  paid  into  the  city  treasury  monthly, 
at  which  time  he  shall  file  with  the  city  auditor  a  statement 
in  Avriting  of  the  sums  received  for  the  preceding  month,  giving 
the  date  when,  and  name  of  person  from  whom  received,  and 
shall  take  triplicate  receipts  for  said  money,  one  of  which  shall 
be  filed  with  the  city  comptroller,  one  with  the  auditor  and  the 
other  they  shall  retain.      [G.  0.  No.  816,  Sec.  4]. 

Sec.  582.  Application  shall  state  when  work  to  be  com- 
menced, work  treated  as  defective,  when. — All  applications  shall 
state  upon  the  face  the  time  at  which  work  under  the  permits 
is  intended  to  be  commenced  and  said  permit  shall  not  take 
effect  until  such  time  so  stated,  in  order  that  an  inspector  may  be 
on  the  ground  to  see  that  the  work  is  properly  done ;  and  should 
work  not  be  commenced  at  the  time  set,  the  facts  shall  be  re- 
ported at  once  to  said  board  of  public  works  and  another  time 
appointed  for  doing  the  same ;  and  any  work  done  without  notice 
to  the  board  of  public  works  as  aforesaid  or  without  inspection 
by  some  one  duly  authorized  by  them,  shall  be  treated  as  defec- 
tive work,  and  they  may  require  the  same  to  be  uncovered,  and 
if  need  be,  reconstructed  at  the  expense  of  the  applicant,  or  party 
to  whom  the  permit  was  issued.      [G.  0.  No.  816,  Sec.  5]. 

Sec.  533.     Penalty  for  violation  of  foregoing-  sections. — Any 

person  who  shall  violate  any  of  the  provisions  of  the  foregoing 
sections  of  this  ordiiumce  shall,  for  each  offense,  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars.  [G.  O. 
No.  816,  Sec.  6]. 

Sec.  584.  Excavations  shall  be  guarded,  how — red  lights  to 
be  maintained. — Every  pei-son  who  shall  make  any  excavation 
in  any  street,  alley  or  other  public  place  in  said  city,  yhall  cause 
the  same,  together  with  the  material  taken  therefrom  or  to  be 
used  therein,  to  be  so  guarded  and  protected  by  day  and  night 
as  to  be  secure  against  danger  to  life  or  limb  and  designated  by 


ART.  V.  OBSTRUCTION  OF  STREETS.  435 

Sec.  589.  Putting-  building  in  street. — No  person  £.-liall  erect 
or  place  any  l)\ul<liii;U',  in  whole  oi-  in  part,  upon  any  stieet,  alley, 
sidewalk  or  other  public  ground  within  this  city,  under  a  penalty 
of  fifty  dollars.      |K.  O.  1897,  Chap.  34,  Art.  5,  Sec.  3]. 

Sec.  540.  Movement  of  teams. — Whenever,  from  any  cause, 
any  street  or  alley  of  the  city  shall  be  obstructed  by  a  press  of 
teams  attached  to  vehicles  loaded  or  otherwise,  the  mayor,  any 
member  of  the  common  council,  police  officer  or  street  commis- 
sioner may  give  such  directions  in  regard  to  the  removal  of  such 
teams,  vehicles,  etc.,  as  in  the  opinion  of  such  officer  may  be 
required  by  the  public  convenience ;  and  any  person  or  persons 
refusing  or  neglecting  to  obey  such  directions,  shall  forfeit  and 
pay  a  sum  of  not  less  than  one  dollar  nor  exceeding  twenty  dol- 
lars, and  may  be  arrested  forthwith  to  answer  for  such  refusal 
or  neglect.     [E.  O.  1897,  Chap.  34,  Art.  5,  Sec.  4]. 

Sec.  541.  What  posts  may  be  erected. — No  sign  or  other 
posts,  except  telegraph,  telephone  and  electric  light  posts  (or 
awning  posts  as  hereinafter  provided),  shall  be  erected  or  placed 
or  if  heretofore  erected  or  placed,  shall  be  permitted  to  remain 
in  or  upon  any  sidewalk  or  street,  or  other  public  way,  under  a 
penalty  or  five  dollars,  and  a  like  penalty  for  every  day  such  post 
shall  be  allowed  to  remain  after  notice  to  the  owner  or  occupant 
of  the  premises  from  the  board  of  public  w^orks  to  remove  the 
same.      [G.  O.  No.  823,  Sec.  2]. 

Sec.  542.  Awnings,  how  erected. — All  awnings  in  this  city 
shall  be  elevated  at  least  ten  feet  at  the  lowest  part  thereof, 
above  the  sidewalk,  and  securely  attached  to  the  building  and 
properly  supported,  without  posts,  by  iron  or  other  metallic  fast- 
enings and  supports,  or  by  a  rail  placed  on  iron  posts  erected 
on  the  outer  edge  of  the  sidewalk  close  within  the  ciu'b.  Said 
posts  shall  be  erected  only  under  the  direction  of  the  board  of 
public  works.  Any  person  who  shall  erect  any  awning  contrary 
to  the  provisions  hereof,  or  refuse  or  neglect  forth v.ith  to  remove 
any  awning  or  awning  posts  heretofore  or  hereafter  erected  con- 
trary to  the  provisions  hereof,  shall  be  subject  to  a  fine  of  not  less 
than  five  dollars  nor  more  than  twenty  dollars  for  every  offense, 
and  to  a  like  fine  for  every  day  he  shall  fail  to  comply  wuth  a 


436  REVISED  ORDINANCES.  CHAP.  XIX. 

notice  after  a  lapse  of  five  days  from  tlie  service  thereof  from 
the  board  of  public  works  to  remove  the  same.  [G.  0.  No.  823, 
See.  3]. 

Sec.  543.  Obstructions  by  boxes,  etc. — Any  person  who  shall 
in  this  city  suspend  or  put  up  any  sign,  sign  box  or  other  fixture 
w^hicli  sliall  extend  over  or  upon  any  sidewalk  more  than  four- 
teen inches  from  the  inside  line  thereof,  or  who  sha'l  place  or 
cause  to  be  placed  on  any  sidewalk  any  article  whatever  so  as  to 
obstruct  the  same,  shall  be  subject  to  a  fine  of  not  less  than  three 
dollars  nor  more  than  fifty  dollars  for  each  offense,  and  a  like 
fine  for  every  day  such  obstruction  shall  be  permitted  to  remain 
after  the  first  conviction;  Provided,  that  the  occupants  of  build- 
ings on  streets  where  the  sidewalks  are  eight  feet  or  more  in 
width,  be  permitted  to  occupy  two  feet  next  the  line  of  building 
at  all  times  for  the  display  of  goods,  so  placed  as  to  be  not  more 
than  six  feet  above  the  level  of  the  sidewalk ;  but  no  owner  or 
occupant  of  any  lot  or  premises  shall  lease  the  space  aforesaid 
or  permit  the  same  to  be  used  or  occupied  except  for  his  or  their 
own  business;  nor  shall  such  space  be  used  for  selling  any  article 
or  thing  whatever ;  Provided,  that  nothing  herein  contained  shall 
be  construed  to  prevent  the  erection  of  a  sign  over  the  street, 
such  sign  to  be  not  less  than  thirty  feet  above  the  street,  nor 
more  than  four  feet  in  height  and  to  be  erected  in  a  safe  and 
secure  manner.     [R.  0.  1897,  Chap.  34,  Art.  5,  Sec.  7]. 

Sec.  544.  Same ;  receiving  goods,  etc. — No  person  or  persons 
receiving  or  delivering  goods,  wares  or  merchandise  in  this  city, 
shall  place  or  keep  upon,  or  suffer  to  be  placed  or  kept  upon  any 
sidewalk,  any  goods,  wares  or  merchandise  which  he  or  they  may 
be  receiving  or  delivering,  without  leaving  a  passage  way  clear 
upon  such  sidewalk ;  such  passage  shall  not  be  less  than  four  feet 
wide,  for  the  use  of  persons  passing  thereon;  and  no  person  or 
persons  receiving  or  delivering  such  goods  shall  suffer  the  sam«  to 
be  or  remain  on  such  sidewalk  (subject  nevertheless  to  ^he  forego- 
ing restrictions),  for  a  longer  time  than  six  hours;  and  any  person 
or  persons  violating  any  of  the  provisions  of  this  section,  shall 
be  subject  to  a  fine  of  not  less  than  three  dollars  nor  more  than 
twenty  dollars  for  every  such  offense.  [R.  0.  1897,  Chap.  34, 
Art.  5,  Sec.  8]. 


ART.  V.  OBSTRUCTION  OF  STREETS.  437 

Sec.  545.  Collecting  crowd  by  sale. — Any  person  or  persons, 
whether  licensed  as  an  auctioneer  or  not,  who  shall  sell  or  attempt 
to  sell,  or  shall  cry  for  sale  at  public  auction  or  otherwise,  in  this 
city,  any  goods,  chattels  or  personal  property  whatever,  to  any 
person  or  persons,  upon  the  sidewalks  or  streets  within  this  city, 
so  as  to  collect  a  crowd  of  people  upon  said  sidewalks  and  streets, 
whereby  the  free  passage  thereof  of  any  person  or  persons  is 
prevented  or  hindered,  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars.  [R.  0.  1897,  Chap.  34, 
Art.  5,  Sec.  9] . 

Sec.  546.  Regulations  for  cellar  door  or  window. — No  bay- 
window  or  other  window  shall  extend  into  any  sidewalk  more 
than  fourteen  inches,  nor  shall  any  cellar  door  rise  or  project 
above  the  surface  of  the  sidewalk  more  than  one  inch  at  the 
outer  side,  nor  more  than  three  inches  near  the  store  or  other 
building,  nor  shall  the  hinges  thereof  or  anything  connected  there- 
with project  or  rise  above  the  door,  nor  shall  any  staple,  lock  or 
other  fastening  be  placed  on  the  upper  side  thereof,  under  a  pen- 
alty of  five  dollars  for  each  offense  to  every  person  violating  any 
provision  of  this  section,  and  the  like  penalty  for  every  day  such 
violation  shall  continue  after  the  first  conviction.  [F.  0.  189'i 
Chap.  34,  Art.  5,  Sec.  10}. 

^^c.  547.  Sidewalks  to  be  kept  clear  of  snow,  ice,  earth, 
etc. — The  occupant  and  when  not  actually  occupied,  the 
aier  of  any  lot  or  parcel  of  ground  in  the  city  of  St.  Joseph, 
abutting  upon  or  lying  along  any  street,  and  in  front  or  along- 
side of  which  there  shall  be  constructed  any  sidewalk  of  any 
class,  shall  keep  such  sidewalk  in  front  or  alongside  of  such  lot, 
clear  of  snow,  ice,  earth  or  mud,  or  other  obstructions  and  re- 
move any  earth  or  other  material  from  any  bank  on  the  border 
of  such  sidewalk,  where  it  threatens  or  appears  liable  to  fall 
upon  any  such  sidewalk,  under  a  penalty  of  five  dollars  for  each 
day  any  such  obstruction  shall  be  permitted  to  remain.  [R.  O. 
1897,  Chap.  34,  Art.  5,  Sec.  11]. 

Sec.  548.  Crosswalks  not  to  be  obstructed. — xVll  crosswalks 
in  the  city  shall  be  kept  and  reserved  free  from  any  sleighs, 
wagons,  carts,  carriages,  drays  or  other  vehicles,  and  horses  or 
other  animals  being  placed  or  suffered  to  stand  thereon,  except 


438  REVISED  ORDINANCES.  CHAP.  XIX. 

so  far  as  may  be  necessary  in  crossing  the  same,  and  the  owner 
or  person  in  charge,  of  au}^  sleigh,  wagon,  cart,  carriage,  dray  or 
other  vehicle,  or  horse  or  other  animal  offending  herein, 
shall  be  subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than 
ten  dollars  for  each  oft"ense.   fR.  0.  1897,  Chap.  34,  Art.  5,  Sec.  12] . 

Sec.  549.  Pipes  must  not  throw  water  on  walk. — No  owner 
or  occupant  of  any  building  in  this  city  shall  cause  pipes  for 
conducting  the  water  from  the  eaves  of  such  buildin;;  to  be  so 
constructed  as  to  cause  the  water  to  spread  over  a  sidewalk, 
under  a  penalty  of  not  less  than  three  dollars  nor  more  than 
fifty  dollars,  and  a  like  penalty  for  every  day  the  same  shall  be 
permitted  to  remain  after  the  first  conviction.  [R.  0.  1897,  Chap. 
34,  Art.  5,  Sec.  13]. 

Sec.  550.  Cellar  door  must  not  be  open. — Any  person  who 
shall,  in  this  city,  keep  or  leave  open  any  cellar  door  or  grating  or 
other  covering  of  any  area  or  vault,  on  any  sidewalk,  or  suffer  the 
same  to  be  left  open  or  in  an  insecure  condition,  or  w^io  shall 
suffer  any  sidewalk  in  front  of  his  premises  to  become  or  continue 
to  be  broken  as  to  endanger  life  or  limb,  shall  be  subject  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars.     [R.  0.  1897,  Chap.  34,  Art.  5,  Sec.  14]. 

Sec.  551.  Vaults  under  sidewalk — regulations  for  construc- 
tion.— No  person  shall  construct  or  excavate  for  the  construction 
of  a  vault  or  in  any  manner  utilize  the  space  under  any  sidewalk 
in  this  city,  unless  a  written  permit  therefor  shall  have  been  first 
obtained  from  the  board  of  public  w^orks,  who  is  hereby  author- 
ized to  grant  such  permits,  subject  to  the  following  regulations: 
First,  a  sufficient  stone  or  brick  wall  shall  be  built  to  retain  the 
roadway  of  the  street,  and  the  area  divisions  and  party  walls 
of  such  buildings  shall  be.  extended  under  the  sidewalk  to  such 
retaining  wall;  openings  in  such  sidewalk  for  admission  of  coal 
or  light  shall  be  covered  on  a  level  with  the  surface  of  the  side- 
walk with  prismatic  lights  in  iron  frames,  or  with  iron  covers 
having  a  rough  surface;  and  in  no  case  will  a  smooth  sui-face  be 
tolerated  on  any  such  cover,  nor  shall  a  ring  or  staple  be  attached 
or  used  for  lifting  said  covers.  Second,  detail  drawings,  show- 
ing the  plan  of  construction  of  the  vault,  and  written  specifica- 
tions for  same  shall  be  submitted  with  application,  and  when  ap- 


ART.  IV.  EXCAVATING  IN  STREETS. 


433 


red  sip:na]  lights  as  follows:  All  excavations,  however  small, 
together  with  the  matei'ial  taken  therefrom  or  to  be  used  therein, 
must  be  designated  by  at  least  one  red  light,  and  when  the  ex- 
cavation or  material  is  made  or  placed  across  the  direction  of 
travel,  a  red  light  shall  be  placed  at  each  end  of  the  same,  if  as 
much  as  eight  feet  in  length,  and  if  exceeding  sixteen  feet  in 
length  an  intermediate  light  shall  be  placed  between  the  two 
end  lights  and  an  additional  intermediate  light  shall  be  placed 
for  each  eight  feet  of  additional  length  of  excavation  or  material 
and  when  ths  excaA^ntion  or  material  is  made  or  T)laced  in  the 
direction  of  travel,  a  red  light  shall  be  placed  at  each  end  of  the 
same,  when  as  much  as  twenty  feet  and  less  than  fifty  feet  in 
length,  and  when  exceeding  fifty  feet  in  length,  one  intermediate 
light  vshall  be  placed  for  each  additional  fifty  feet  or  fraction 
thereof,  and  all  red  lights  shall  be  lighted  at  sundown  and  main 
tained  *in  position  and  kept  burning  until  sunrise.  And  upon 
the  failure  of  said  person  so  to  do,  he  shall  be  subject  to  a  fine  of 
not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars  for  each  and  every  offense,  and  every  hour  the  same  shall 
be  left  unguarded  or  insecurely  guarded  shall  be  deemed  a  new 
and  distinct  offense.     [G.  0.  No.  816,  Sec.  7]. 

Sec.  535.  Not  to  affect  an  ordinance  covering-  sewer  work 
— The  passage  of  this  ordinance  shall  not  be  held  to  affect  in  any 
manner  chapter  LI.,  sections  1,139  to  1,161,  inclusive,  which  are 
hereby  declared  to  apply  to  and  affect  sewer  work  only.  (G.  0. 
No.  816,  Sec.  8). 

Sec.  536.  Permits  for  hitching  posts  and  shade  trees. — The 
board  of  public  works  upon  written  application  from  any  prop- 
erty owner,  is  hereby  authorized  to  issue  a  permit  without  fee 
or  charge  of  any  kind  or  bond,  granting  permission  to  such  person 
for  the  taking  up  of  portions  of  any  sidewalk  for  the  purpose  of 
putting  in  a  hitching  post  or  posts  or  setting  out  shade  trees, 
said  work  to  be  done  under  the  supervision  of  the  board  of  public 
works.     [G.  0.  No.  816,  Sec.  9]. 


434 


REVISED  ORDINANCES. 


CHAP.  XIX. 


ARTICLE  V. 


OBSTRUCTION  OF  STREETS,  SIDEWALKS,  ETC. 


Section 

537.  Injury  to  pavements,  side  aud  cross- 

walks. 

538.  Excavations  to  be  guarded. 

539.  Erection  of  buildings  upon,  penalty. 

540.  Obstruction    by  teams  and  vehicles. 
641,    What  posts  may  be  erected. 

542.  Awnings;     how     erected    and     sup- 

ported. 

543.  Obstruction  by  boxes,  etc. 

544     Obstruction  by  goods  and  wares. 

545.  Obstruction  of  public  sales. 

546.  Regulating  windows  or  cellar  doors 

upon. 


Section 

547.  To  be  cleared  of  snow,  ice,  etc. 

548.  Obstruction    of  crosswalks     prohib- 

ited. 

549.  Governing  water  pipes. 

550.  Cellar  doors  and  vaults  to  be  closed. 

551.  Vaults  under  sidewalks  ;  regulations 

for  construction. 

552.  Same ;      p-'nalty     for     construction 

without  permit. 

553.  Telephone    and    other  -poles    to    be 

branded. 

554.  Poles  not  branded  may  be  removed. 

555.  Same;  penalty. 


Sec.  537.  Penalty  for  injuring"  streets — pavements. — N(? 
person  shall  injure  or  tear  up  any  pavement,  side  or  crosswalk; 
or  any  part  thereof,  dig  any  hole,  ditch  or  drain  in,  or  dig  or 
remove  any  sod,  stone,  earth,  sand  or  gravel  from  any  street, 
avenue,  alley  or  public  place  or  ground  in  this  city,  without  hav- 
ing first  obtained  from  the  board  of  public  works  written  permis- 
sion ;  or  hinder  or  obstruct  the  making  or  repairing  of  any  public 
improvement  or  work  ordered  by  the  common  council,  or  being 
done  under  lawful  authority  for  the  city,  under  penalty,  for  each 
offense,  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars.     [G.  0.  No.  823,  Sec.  1]. 

Sec.  538.  Excavations  to  be  guarded.r— Any  person  v^ho 
shall,  in  this  city,  dig  or  cause  to  be  dug,  any  excavation  in  or 
adjoining  any  street,  alley  or  avenue,  and  shall  not  cause  the 
same  to  be  so  guarded  and  protected  as  to  be  secure  against 
danger  to  life  and  limb,  shall  be  subject  to  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars  for 
every  such  offense,  and  to  a  like  fine  for  every  hour  the  same  shall 
be  so  left  unguarded.     [R.  0.  1897,  Chap.  34,  Art.  5,  Sec.  2]. 


ART.  V.  OBSTRUCTION  OF  STREETS.  439 

proved  by  the  board  of  public  works  and  permit  issued  thereon, 
shall  be  kept  on  file  in  the  office  of  the  board  of  public  works. 
All  areas  or  vaults  under  sidewalks  shall  be  covered  over  the 
entire  width  and  lent;th  of  sidewalk  in  a  substantial  manner,  wood 
not  being  used  in  any  case,  nor  openings  left  uncovered  with 
guard  railing,  which  uncovered  opening  and  railing  is  strictly 
prohibited.      [G.  0.  No.  823,  Sec.  4]. 

Sec.  552.     Same;  penalty  for  constructing  without  permit. 

— Any  propert}^  owner,  agent,  builder  or  any  person  who  shall 
excavate  the  ground  under  a  sidewalk  without  first  having  ob- 
tained a  permit  from  the  board  of  public  works  so  to  do,  or  who 
shall  construct  a  vault  under  a  sidewalk  without  a  permit  from 
the  board  of  public  works,  or  who  shall  construct  a  vault  not  in 
accordance  with  the  plans  and  specifications  approved  by  the 
board  of  public  works,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction,  thereof  shall  be  fined  not  less  than  fifty  dol- 
lars nor  more  than  five  hundred  dollars ;  or  who,  when  notified 
by  the  board  of  public  works  to  remove  a  vault  constructed 
(vithout  permission  of  tlie  board  of  public  works,  or  to  alter  its 
construction  so  that  it  shall  conform  with  the  approved  plans 
and  specifications,  shall  fail  to  do  so  forthwith,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  five  hundred  dol- 
lars: and  every  day  that  such  vault  is  allowed  to  remain  or  is 
not  changed  or  altered  to  conform  with  its  duly  approved  plans 
and  specifications,  shall  be  deemed  a  separate  offense.  [G.  0. 
No.  823,  Sec.  5]. 

Sec.  553.     Telephone  and  other  poles  to  be  branded. — All 

telephone,  telegraph,  electric  light  and  street  car  companies,  and 
all  other  companies  using  poles  for  the  purpose  of  holding  wires 
in  the  city  of  St.  Joseph,  shall  within  thirty  (30)  days  after  the 
approval  of  this  ordinance,  adopt  and  register  with  the  city 
engineer  a  brand  to  be  either  painted  or  burned  into  each  of 
their  poles  erected  in  any  of  the  streets,  avenues  or  alleys  of  the 
city  of  St.  Joseph,  and  all  poles  hereafter  erected  shall  at  the 
time  of  erection  by  any  such  companies  or  persons  be  branded 
with  the  brand  so  registered  with  the  city  engineer.  [G.  0.  No. 
772,  Sec.  1]. 


440  REVISED  ORDINANCES.  CHAP.  XIX. 

Sec.  554.  Poles  not  branded  may  be  removed. — All  poles 
now  in  the  streets,  avenues  or  alleys  of  the  city  of  St.  Joseph 
shall  within  sixty  (60)  days  after  the  passage  of  this  ordinance, 
be  branded  in  the  manner  provided  in  the  preceding  section,  and 
all  poles  remaining  imbranded  after  the  expiration  of  the  sixty 
(60)  days  from  the  passage  and  approval  of  this  ordinance  shall 
be  removed  by  the  city  engineer.     [G.  O.  No.  772,  Sec.  2]. 

Sec.  555.  Same;  penalty. — Any  person  or  corporation  fail- 
ing to  comply  with  the  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not 
exceeding  fifty  dollars  for  each  violation  thereof.  [G.  O.  No. 
772,  Sec.  3]. 


*♦ 


ART.  VI. 


CLASSIFICATION  OF  SIDEWALKS. 


441 


ARTICLE     VI. 


CLASSIFICATION   AND   CONSTRUCTION   OF   SIDEWALKS. 


ZCTIC 

)N 

Section 

556. 

Width  of  sidewalks  specified. 

564. 

Flags    or    artificial    stone 

,    how 

557. 

Classification. 

laid. 

558. 

Owner  must  have  permit;  con- 

565. 

Penalty. 

ditions  of,  etc. 

566. 

Construction     of     plank 

side- 

559. 

Sidewalks  to  Ue  laid  on  grade. 

walks  prohibited. 

560. 

Flagstone     or     artificial     stone 

567. 

Same,  penalty. 

shall  be  laid  in  what  district. 

568. 

Engineer     shall     remove 

side- 

561. 

Flagstone   walks,    specifications 
for. 

walks  laid  in  violation 
dinance. 

of  or- 

562. 

Artificial     stone,     specifications 
for. 

569. 

Second  class  sidewalks; 
fications. 

speci- 

56S. 

Hexagonal,    octagonal    or   other 
shaped  blocks. 

Sec.  556.  Width  of  sidewalks  specified. — The  sidewalks  upon 
all  streets  not  already  improved  with  curbing,  macadam  or  paving, 
shall  be  six  feet  wide ;  upon  all  streets  ordered  improved  by  the 
common  council  with  curbing,  guttering  or  macadamizmg,  singly 
or  collectively,  or  by  curbing  and  paving,  the  sidewalks,  on  each 
side  of  the  street,  shall  be  of  a  width,  including  the  curbing,  of 
one-fifth  the  total  width  of  such  street,  unless  otherwise  provided 
in  the  ordinance  ordering  such  improvement,  the  width  of  the 
sidewalk  being  measured  from  the  true  property  line  to  the  face 
of  the  curbing;  Provided,  that  any  street  alreadj^  curbed,  guttered 
and  macadamized  or  curbed  and  paved,  which  may  be  hereafter 
ordered  recurbed,  reguttered,  remacadamized  or  repaved,  the 
widths  of  the  sidewalks  thereon  shall  practically  remain  of  the 
width  indicated  by  the  curb  already  set,  unless  otherwise  pre- 
scribed in  the  ordinance  ordering  such  work:  Provided  further, 
however,  that  should  the  width  of  the  sidewalk  abutting  any  lot 
or  lots,  not  be  indicated  by  any  curbing  already  set,  or  if  the 
curbing  already  set  shall  not  conform  to  the  general  line  of  curb- 
ing in  the  front  of  the  adjacent  lot,  then  the  new  curbing  shall 
be  set  or  the  old  curb  reset,  if  found  of  proper  quality  and  dimens- 
ions, upon  a  line  conforming  as  near  as  practicable  to  the  general 
line  of  curbing  of  the  lots  adjacent,  and  the  sidewalk  shall  be 
deemed  the  space  between  the  true  property  line  and  the  face  of 


442  REVISED  ORDINANCES.  CHAP.  XXI. 

the  curbing  so  set  or  reset ;  Provided  further,  that  when  the 
common  council  shall  by  ordinance  direct  that  a  certain  space, 
the  extent  of  which  shall  be  defined  in  said  ordinance,  be  set 
apart  or  reserved  for  the  purpose  of  planting  shade  trees  and 
grass,  said  space  shall  lie  next  to  and  on  the  inside  of  the  curb- 
ing and  shall  be  known  and  described  as  "park  reservation;" 
said  reservation  may  be  made  on  one  or  both  sides  of  +he  street 
and  may  be  in  separated  sections  of  such  lengths  as  shall  by 
ordinance  be  specified,  and  must  be  graded  throughout  with  earth 
to  a  height  even  with  the  curbing  on  street  where  said  reserva- 
tion has  by  ordinance  been  made,  the  sidewalk  on  the  same 
side  of  the  street  as  the  reservation  aforesaid,  shall  be  deemed 
that  portion  of  the  street  lying  between  such  reservation  and  the 
true  property  line,  together  with  those  portions  lying  between 
the  several  sections  of  said  park  reservation.  [R.  0.  1897,  Chap. 
34,  Art.  6,  Sec.  1]. 

Sec.  557.  Classification. — All  sidewalks  upon  streets  or 
parts  of  streets  which  are  either  curbed,  guttered,  macadamized 
or  paved  or  upon  streets  or  parts  of  streets  which  are  ordered 
so  improved,  shall  be  laid  with  hard  burned  brick,  uniform  in  size, 
upon  a  base  of  clean,  coarse,  sharp  sand,  uniformly  six  inches 
in  depth  and  spread  upon  a  properly  prepared  sub-grade,  which 
sub-grade  shall  be  brought  to  a  plane  surface,  after  being  thor- 
oughly rammed,  if  deemed  necessary  by  the  city  engineer;  the 
brick  shall  be  laid  herring-bone  fashion,  with  close  joints,  and 
no  bats  or  parts  of  bricks  used  except  where  rendered  necessary 
for  filling  out  at  the  sides ;  after  being  laid  upon  a  proper  base  of 
sand,  the  brick  shall  be  lightly  rammed  to  conform  with  the 
proper  grade  of  the  sidewalk,  which  is  hereby  declared  to  be  a 
slope  of  one-half  inch  to  the  foot,  rising  and  starting  from  the 
top  of  the  curbing  when  set  to  the  true  line  and  grade ;  Provided, 
that  if  buildings,  permanent  in  character,  have  been  erected  abut- 
ting said  sidewalk,  before  the  construction,  reconstruction,  lay- 
ing or  relaying  of  the  same,  the  slope  above  prescribed  may  be 
reduced  to  a  slope  of  one-quarter  inch  to  the  foot,  upon  a  writ- 
ten permit  from  the  city  engineer,  who  shall  require  a  properly 
shaped  connection  with  sidewalks  laid  upon  a  standard  slope ; 
step-offs  or  abrupt  changes  from  sidewalks  laid  upon  the  standard 
slope  to  sidewalks  built  upon  a  reduced  slope  are  positively  pro- 
hibited; such  change  shall  be  gradual  and  easy  in  its  character. 


ART.  VI.  CLASSIFICATION  OF  SIDEWALKS.  ^43 

sidewalks  laid  in  accordance  with  these  provisions  as  just  here- 
inbefore set  forth,  shall  be  deemed  first-class  sidewalks.  [G.  0. 
No.  721,  Sec.  1]. 

Sicc.  558.  Property  owner  must  have  permit  to  construct 
sidewalk,  conditions. — Provided  further,  that  any  proi);"rty  owner 
or  his  duly  authorized  agent  shall  be  permitted,  wiienever  so 
desiring,  upon  any  street  not  ordered  to  be  improved,  to  lay 
sidewalks  of  stone  flag  or  artificial  stone,  and  to  talce  up  side- 
wallvs  of  brick  or  plank  and  replace  the  same  with  stone  flagging 
or  artificial  stone  upon  giving  at  least  forty-eight  hous'  notice  at 
the  office  of  the  board  of  public  works  and  obtaining  a  permit 
therefor  as  provided  by  the  ordinances  of  the  city  of  St.  Joseph, 
which  permit  shall  prescribe  the  time  during  which  the  street 
may  be  occupied  with  material  and  the  sidewalk  opened,  torn  up 
or  obstructed  for  the  purpose  of  laying  said  new  sidewalk 
and  any  material  remaining  upon  said  street  or  sidewalk 
after  such  prescribed  time,  shall  be  deemed  an  unlawful 
obstruction  of  the  same,  and  any  sidewalli:  torn  up  and 
remaining  unlaid  after  such  prescribed  time  shall  be  deemed 
a  sidewalk  out  of  repair.  Sidewalks  which  are  rendered 
unsafe  or  impassible  by  reason  of  the  work  of  relaying 
shall  be  properly  barricaded  and  such  barricades  and  all  the 
material  in  the  streets  shall  be  guarded  by  red  signal  lights,  kept 
burning  from  sundown  to  sunrise ;  all  sidewalks  not  so  barricaded 
and  lighted  shall  be  deemed  sidewalks  out  of  repair,  and  all 
material  not  guarded  by  lights  shall  be  deemed  an  unlawful  ob- 
struction, and  all  permits  therefor  forfeited  and  annulled.  The 
board  of  public  works  may  withhold  its  permit  until  satisfied 
that  materials  sufficient  in  ciuantity  to  complete  the  work  are  in 
readiness  to  be  placed  forthwith  upon  the  ground,  or  if  they 
shall  deem  that  the  weather  shall  not  permit  the  proper  com- 
pletion of  the  work  within  a  reasonable  time,  and  after  said 
permit  has  been  once  issued  the  board  of  public  works  shall  have 
the  power  to  recall  and  cancel  the  same  if  the  weather  should 
stop  the  work  for  a  period  of  ten  days  with  the  prospect  of  con- 
tinued bad  weather;  and  upon  such  permit  being  recalled  and 
cancelled,  it  shall  be  the  duty  of  the  property  owners  to  forthwith 
remove  all  material  and  obstruction  from  the  street  and  sidewalk 
and  place  said  sidewalk  in  passable  and  safe  condition,  and  keep 
it  so  during  the  suspension  of  the  work.     Any  material  or  ob- 


444  REVISED  ORDINANCES.  CHAP.  XIX, 

struction  remaining  upon  the  street  or  sidewalk  more  than  twen- 
ty-four hours  after  the  recall  and  cancellation  of  said  permit  shall 
be  deemed  an  unlawful  obstruction,  and  any  sidewalk  not  put 
in  a  safe  and  passable  condition,  within  twenty -four  hours  after 
the  recall  and  cancellation  of  said  permit,  shall  be  deemed 
sidewalks  out  of  repair.  Sidewalks  constructed  of  stone 
flagging  or  of  artificial  stone  shall  be  laid  with  a  slope  towards 
the  curbing  or  roadway  such  as  the  board  of  public  works  may 
direct  in  its  permit,  but  in  no  case  to  exceed  a  slope  of  one-half 
inch  to  the  foot.     [G.  0.  No.  721,  Sec.  2]. 

Sec.  559.  Sidewalks  to  be  laid  on  grade. — All  sidewalks 
should  be  placed  upon  the  estalDlished  grade  of  the  street.  When- 
ever any  propert}'  holder  shall  desire  to  set  curbing  and  con- 
struct sidewalks,  he  shall  so  notify  the  city  engineer  in  writing, 
and  said  engineer  shall,  as  soon  as  practicable,  make  an  examina- 
tion of  the  locality,  and  if  it  is  found  that  the  proposed  curbing 
and  sidewalk  can  be  properly  constructed  without  being  placed  in 
an  undue  elevation  or  depression  with  respect  with  the  adjacent 
portion  of  the  street,  then  said  engineer  shall  have  the  stakes 
set  for  the  line  and  grade  as  soon  as  practicable  after  curbing  of 
proper  quality  and  dimensions  has  been  delivered  upon  the 
ground  in  sufficient  quantity  for  the  proposed  work.  Nothing 
herein  contained  shall  be  construed  as  authorizing  individual 
property  holders  to  construct  their  own  sidewalks  and  curbing 
after  a  contract  has  been  let  for  like  work  upon  the  street  embrac- 
ing such  locality.     [G.  0.  721,  Sec.  3]. 

Sec,  560.  Flagstone  or  artificial  stone  shall  be  laid,  in  what 
district, — All  sidewalks  hereafter  laid,  or  taken  up  to  be  relaid 
ill  the  city  within  the  district  bounded  by  the  Missouri  river  on 
the  west,  Jules  street  on  the  north.  Eighth  street  on  the  east  and 
Messanie  street  on  the  south,  shall  be  laid  or  relaid  with  either 
flagstone  or  artificial  stone  according  to  the' following  specifica- 
tions.    [R.  0,  1897,  Chap,  34,  Art.  6,  Sec.  7]. 

Sec.  561.  Flagstone  walks. — Flags  shall  be  sound  'imestone, 
sandstone  or  granite  not  less  than  four  inches  in  thickness,  which 
thickness  shall  be  practically  uniform,  of  a  length  equa!  to  width 
of  sidewalk,  and  not  less  than  three  feet  in  width,  which  width 
shall  bo  uniform  the  whole  length  of  each  flag,  the  top  shall  be 


ART.  VI.  CLLASSIFICATION  OF  SIDEWALKS.  445 

sawn  or  dressed  to  a  plane  surface  and  the  ends  and  edges  must 
make  close  litting  joints.  Flags  shall  be  laid  upon  a  bed  of  not 
less  than  six  inches  of  clean,  coarse  sand,  except  when  forming 
the  top  covering  of  areas  within  and  under  sidewalks  in  which 
cases  said  flags  shall  be  not  less  than  six  inches  thick,  not  less 
than  six  inches  thick  for  areas  not  exceeding  three  feet  wide  nor 
less  than  seven  inches  in  thickness  for  areas  not  exceeding  six  feet 
in  width,  and  not  less  than  eight  inches  in  thickness  for  areas 
not  exceeding  twelve  feet  in  width.  [E.  0.  1897,  Chap.  34,  Art. 
6,  Sec.  8]. 

Sec.  562.  Artificial  stone. — There  shall  first  be  spread  a 
layer  of  not  less  than  eight  inches  of  clean  cinder,  thoroughly 
rammed  with  a  flat  faced  iron  rammer  weighing  not  less  than 
forty  pounds,  to  a  proper  grade.  Upon  this  layer  of  cinders  shall 
be  spread  a  layer  of  concrete  composed  of  five  parts  by  meas- 
ure of  hard,  durable  stone,  broken  to  pass  through  an  inch  and 
one-half  ring,  two  parts  by  measure  of  clean,  coarse,  sharp  sand 
and  one  part  by  measure  of  fresh  ground  cement  equal  in  quality 
to  the  best  American  brands ;  the  cement  and  sand  to  be  thor- 
oughly mixed  dry  before  being  wet,  and  water  added  to  make  a 
thin  mortar ;  the  stone  wetted  and  mixed  with  the  mortar  until 
each  piece  is  thoroughly  coated,  laid  and  gently  tamped  until 
water  forms  on  the  surface ;  said  layer  of  concrete  shall  be  not  less 
than  three  inches  thick  after  being  tamped ;  upon  this  layer  of  con- 
crete shall  be  spread  a  layer  of  cement  mortar  for  wearing  or 
top  coat,  one  inch  in  thickness,  composed  of  two  partj  by  meas- 
ure of  the  best  quality  of  English  or  German  Portland  cement, 
and  three  parts  of  clean,  crushed  granite,  crushed  jasper  or  flint 
chips,  all  thoroughly  mixed,  tempered  and  finished  with  a  dry 
coat  of  Portland  cement  and  fine  sand  in  equal  parts,  well 
troweled  to  a  smooth  and  hard  finish,  lined  to  form  rectangular 
or  other  shaped  blocks,  and  finished  with  slight  indentations  to 
form  foothold.     [R.  0.  1897,  Chap.  34,  Art.  6,  See.  9] . 

Sec.  563.  Hexagonal,  octagonal  or  other  shaped  blocks. — 
Artificial  stone  not  less  than  four  inches  thick  of  hexagonal,  oc- 
tagonal or  other  like  shaped  blocks,  and  previously  made  in 
moulds,  in  the  manner  and  composed  of  the  materials,  in  the  pro- 
portions named  named  in  section  nine  of  this  article,  may  be  laid 
upon  a  bed  of  cinders  as  therein  set  forth.     And  sound  lime  stone. 


446  REVISED  ORDINANCES.  CHAP.  XIX. 

sand  stone  or  granite,  which  maj^  have  been  sawn  or  cut  into 
hexagonal,  octagonal  or  other  like  shapes,  not  less  than  four 
inches  thick  and  sawn  or  dressed  on  top  may  be  laid  upon  a  bed 
of  clean,  coarse,  sharp  sand  not  less  than  six  inches  in  thickness. 
[R.  0.  1897,  Chap.  34,  Art.  6,  See.  10]. 

Sec.  564.  Flags  or  artificial  stone,  how  laid. — The  flags  or 
artificial  stone  shall  fit  neatly  and  closely  together  and  to  the 
curbing  and  be  brought  to  a  true  line  at  the  building  or  property 
lines.  The  flags  or  artificial  stone  shall  be  laid  in  the  same  plane 
and  w^ith  a  uniform  rise  from  the  curb  line  to  the  building  line 
of  not  more  than  one-half  inch  to  the  foot  nor  less  than  one-quar- 
ter inch  to  the  foot.      [R.  0.  1897,  Chap.  34,  Art.  6.  Sec.  11]. 

Sec.  565.  Penalty. — Any  person  who  shall  lay  or  relay  any 
sidewalk  or  part  of  a  sidewalk  (except  such  laying  or  relaying- 
constitute  repairs  to  a  sidewalk  already  laid)  within  the  above 
described  district  in  violation  of  the  foregoing  provisions  and 
specifications,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  to  exceed  one  hundred  dol- 
lars, and  each  day  such  sidewalk  laid  or  relaid  in  violation  of  this 
ordinance,  shall  remain  so  laid  or  relaid,  shall  be  deemed  to  con- 
stitute a  separate  ofl'ense.     [R.  0.  1897,  Chap.  34,  Art.  6,  Sec.  12] . 

Sec.  566.  Construction  of  plank  sidewalks  prohibited. — The 
laying  down  or  consti-uction  of  plank  or  board  sidewalks  within 
the  corporate  limits  of  this  city  by  any  person,  party  or  parties, 
(or  the  causing  of  the  same  to  be  laid  or  constructed  on  any  street 
which  has  been  graded  to  the  estaolished  grade),  nc  and  the  same 
is  hereby  expressly  prohibited,  forbidden  and  declared  unlawful. 
It  sh;dl  be  further  unhiwful  for  any  person,  jiarty  or  parties,  to 
lay  boards  or  phuik,  for  tlie  purpose  of  accommodating  foot 
travel,  along  or  upon  any  space  reserved  for  sidewalk  purposes 
in  this  city.  Provided,  that  nothing  herein  shall  be  held  as  pro- 
hibiting the  construction  of  plank  crosswalks  across  tho  roadway 
of  any  street,  alley  or  other  public  highway,  by  the  city  of  St. 
Joseph;  but  such  plank  crosswalks  shall  be  constructed  only  of 
sound  white  oak  plank;  Provided  further, that  noth.'ng  herein  con- 
tained shall  be  deemed  as  prohibiting  the  construction  of  plank 
driveways  across  sidewalks;  such  driveways  shall  be  constructed 
in  a  substantial  manner  of  sound  white  oak  plank,  not  less  than 


ART.  VI.  CLASSIFICATION  OF  SIDEWALKS.  447 

two  iuclies  thick  and  laid  llusli  witli  tlie  sidewalk.      [G.  0.  No. 
642,  Sec.  13]. 

Sec.  567.  Same ;  penalty. — Any  person,  party  or  parties  vio- 
lating any  of  the  provisions  of  the  preceding  section,  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars.  [R.  0. 
1897,  Chap.  34,  Art.  6,  Sec.  14] . 

Sec.  568.  Engineer  shall  remove  sidewalks  laid  in  violation 
hereof. — When  any  violation  of  this  ordinance  shall  have  been 
reported  to  him,  it  shall  be  the  duty  of  the  city  engineer  to  cause 
to  be  removed  at  once  from  any  street,  alley,  avenue  or  other 
public  highway,  any  boards,  plank,  or  any  sidewalk  or  parts  of 
sidewalk  constructed  of  boards  or  plank,  which  shall  be  laid  or 
placed  after  the  date  of  approval  of  this  ordinance  by  the  mayor, 
and  in  violation  thereof.      [G.  0.  No.  713,  Sec.  2]. 

Sec.  569.  Second-class  sidewalks,  specifications.  —  When- 
ever the  common  council  shall  order  sidewalks  laid  upon  any 
street  or  part  of  a  street  that  has  not  been  graded  to  the  estab- 
lished grade,  said  sidewalks  shall  be  laid  in  accordance  with  the 
following  specifications  and  provisions  and  be  termed  second- 
class  sidewalks : 

SPECIFICATIONS. 

Plank  four  (4)  feet  long,  not  less  than  six  (6)  i.nches  wide  and 
two  (2)  inches  thick,  sawn  from  sound  pine,  white  or  buir  oak 
lumber,  shall  be  laid  across  and  upon  two  (2)  sleev-r  of  souiid 
pine,  white  or  burr  oak  scantling,  four  (4)  inches  by  four  (4; 
inches  in  size  and  not  less  than  twelve  (12)  feet  in  length:  all 
joints  of  sleepers  to  be  well  broken  and  all  joints  to  be  secured 
by  a  cleat  four  (4)  inches  wide,  not  less  than  one  (1)  inch  thick 
and  two  (2)  feet  long  and  securely  spiked  to  the  sides  of  the 
sleeper;  Provided,  that  by  and  with  the  consent  of  the  city  en- 
gineer there  may  be  substituted  for  the  four  by  four  (4x4)  inch 
scantling  a  stringer  composed  of  two  (2)  scantlings,  two  (2) 
inches  by  four  (4)  inches,  not  less  than  twelve  (12)  feet  long, 
and  of  sound  pine,  white  or  burr  oak;  said  two  by  four  (2x4) 
scantling  shall  be  securely  spiked  together,  breaking  joints  every 
half  lenffth  of  scantling  so  as  to  form  a  continuous  stringer;  cross 


448  REVISED  ORDINANCES.  CHAP.  XIX. 

planks  shall  be  laid  to  a  joiut  not  to  exceed  three-eighths  of  an 
inch,  so  that  both  ends  of  the  plank  shall  conform  to  a  line  and 
overlap  the  sleeper  not  more  than  one  inch  and  a  half  (1^)  ;  all 
cross  planks  shall  be  eight  inches  or  under  in  width,  to  be  spiked 
to  the  sleepers  with  two  (2)  20d  wire  nails  at  each  end.  Tie 
wires  of  number  ten  (10)  wire  shall  be  laid  lengthwise  of  the 
walk,  when  finished,  two  (2)  inches  from  the  inner  and  outer 
ends  of  the  cross  planks  and  secured  by  two  (2)  one  and  one- 
half  (1%)  inch  fence  staples  in  each  plank.  The  above  struc- 
ture of  plank  and  scantling  to  be  so  laid  that  the  center  line  of 
the  same  shall  conform  to  the  center  line  of  space  set  apart  for 
sidewalk  purposes ;  and  the  space  included  between  the  stringers, 
sleepers  or  scantling  and  the  property  and  roadway  lines  re- 
spectively shall  be  filled  with  cinders,  broken  stone,  gravel,  bluff 
or  other  material  approved  by  the  city  engineer;  Sdid  filling, 
after  having  been  rammed,  to  be  even  in  height  with  the  cross 
planks ;  all  sleepers,  stringers  and  scantlings  to  be  firmly  bedded 
their  entire  length.     [G.  O.  No.  643,  Sec.  1]. 


ART.  VII. 


REPAIR  OF  SIDEWALKS. 


449 


ARTICLE    VII. 


REPAIR  OF  SIDEWALKS. 


Section 

570.  Term   "repairs"   defined. 

571.  Owner  may  be  notified   in   iso- 

lated cases. 

572.  Owner  or  agent  guilty   of  mis- 

demeanor,   when. 

573.  Engineer   to   advertise  for  bids 

and  award  contracts. 

574.  Term    "repairs"    as    hereinafter 

used,  defined  and  explained. 

575.  Repairs    to    be    made    by    day's 

work. 


Section 
576.     En 


577. 
578. 


579. 


ineer  may  advertise  for 
proposals  for  repairs  in  gen- 
eral. 

Cost  of  repairs,  how  taxed. 

Tax  bills  shall  be  delivered  to 
city  collector. 

Collection  of  tax  bills. 

Counselor  shall  collect  by  legal 
proceedings,    when. 


Sec  570.     Term    "Repairs"    defined    and    explained. — The 

term  "repairs"  as  herein  used  shall  be  understood  to  embrace 
whatever  is  necessary  for  the  preservation  of  said  sidewalk  res- 
ervation or  the  pavement,  planking  or  other  surfaces  thereof, 
or  of  said  park  reservation  and  making  them  conform  to  the 
width  prescribed  by  ordinance,  or  the  curbing  alongside  thereof, 
in  manner  and  material  as  required  by  the  ordinance,  in  each 
case,  for  original  construction  and  also  whatever  is  necessary  to 
the  preservation  in  a  safe  condition  of  all  cellar-ways,  cellar 
doors,  coal  holes,  gratings,  areas  or  other  like  places  suffered 
to  be  made  in  said  sidewalks.  [R.  0.  1897,  Chap.  34,  Art.  7, 
Sec.  1]. 

Sec.  571.  Owner  may  be  notified  in  isolated  cases. — Where 
any  sidewalk  reservation,  or  the  pavement,  planking  or  other 
surfaces  thereon  or  the  curbing  alongside  thereof,  or  any  park 
reservation  or  curbing  alongside  thereof,  shall  in  isolated  places 
become,  in  the  judgment  of  the  board  of  public  works,  out  of 
repair,  the  board  of  public  works  shall  notify  the  owner  of  the 
abutting  property,  or  such  person  having  the  same  under  their 
control  and  charge,  that  such  sidewalk  reservation  or  pavement, 
planking  or  other  surface,  curbing  or  such  park  reservation  or 
curbing,  as  the  case  may  be,  is  out  of  repair;  such  notice  shall 
be  in  writing  and  shall  further  instruct  said  owner  or  person  to 
have  said  repairs  made  good  within  five  days  from  the  service 
of  such  notice.     But  nothing  herein  contained  shall  be  construed 

29 


450  REVISED   ORDINANCES.  CHAP.  XIX. 

as  requiring  any  notice  to  owner  or  agent  before  sncli  repairs  shall 
be  made  under  any  contract  with  the  city  authorizing  the  same 
to  be  done.     [G.  0.  886,  Sec.  1]. 

Sec.  572.     Owner  or  agent  guilty  of  misdemeanor,  when. — 

Any  person  owning  property  in  this  city,  or  having  the  same 
under  their  charge  or  control,  who  shall  permit  any  sidewalk 
reservation  or  the  pavement,  planking  or  other  surface  of  the 
same,  or  curbing  alongside  thereof,  or  any  park  reservation  or 
curbing  alongside  thereof,  which  shall  abut  upon  the  property 
owned  by  him  or  under  his  control  and  charge,  to  remain  in  an 
unrepaired  condition  for  five  days  after  receiving  written  notice 
from  the  board  of  public  works  to  repair  the  same,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof, 
fined  in  a  sum  not  to  exceed  one  hundred  dollars ;  and  each 
twenty-four  hours  that  said  sidewalk  reservation,  pavement, 
planking  or  other  surface  thereof,  curbing  or  park  reservation, 
shall  remain  out  of  repair  shall  constitute  a  separate  offense. 
[G.  0.  887,  Sec.  1]. 

Sec.  573.  Board  of  public  works  to  advertise  for  bids  and 
award  contracts. — Whenever  the  common  council  shall  by  ordin- 
ance direct  the  repair  of  any  sidewalk  reservation,  pavement, 
planking  or  other  surface  thereof,  any  park  reservation  or  the 
curbing  alongside  thereof,  the  board  of  public  works  shall  forth- 
with advertise  for  proposals  for  doing  said  work,  award  the  con- 
tract, submit  the  same  to  the  common  council  for  confirmation 
and  upon  said  confirmation,  cause  said  repairs  to  be  made  by  the 
contractor,  all  in  the  same  manner  as  provided  in  the  general 
ordinances  for  other  public  improvements;  and  upon  the  com- 
pletion and  acceptance  of  said  work,  the  engineer  shall  apportion 
and  assess  the  cost  of  such  work,  including  both  labor  and  ma- 
terial, against  the  ])roperty  liabh^  therefor  according  to  law,  and 
shall  issue  special  tax  bills  therefor  in  favor  of  the  contractor, 
and  said  tax  bills  when  so  nuide  out  shall  be  delivered  to  said 
contractor,  taking  his  receipt  therefor,  which  tax  bills  shall  be 
a  lien  upon  the  property  therein  described,  as  provided  by  sec- 
tion 5664,  Revised  Statutes  of  the  State  of  Missouri,  1899.  [G. 
0.  901,  Sec.  1]. 


ART.  VII.  REPAIR  OF  SIDEWALKS.  451 

Sec.  574.  Term  "repairs"  as  hereinafter  used  defined  and 
explained. — The  term  "repairs"  as  hereinafter  used  shall  be  un- 
derstood to  embrace  whatever  is  necessary  for  the  preservation 
of  the  paving  or  planking  of  any  sidewalk  or  making  them  con- 
form to  the  width  prescribed  by  ordinance,  or  for  the  preserva- 
tion of  the  curbing  and  guttering,  in  manner  and  material  as 
required  by  ordinance  in  each  case  for  original  construction,  and 
also  whatever  is  necessary  to  the  preservation  and  safe  condition 
of  all  cellarwa3''s,  cellar  doors,  coal  holes,  gratings,  area  or  other 
like  spaces  suffered  to  be  made  in  said  sidewalk.  [R.  0.  1897. 
Chap.  34,  Art.  7,  Sec.  6]. 

Sec.  575.  Repairs  to  be  made  by  day's  work. — Whenever 
repairs  are  deemed  necessary  by  the  board  of  public  works  to  the 
paving  or  planking  of  any  sidewalk,  or  curbing  or  guttering 
alongside  thereof,  they  shall  procure  the  material  therefor  and 
make  or  cause  the  same  to  be  made  by  day's  work,  keeping  an 
account  of  the  material  used  and  time  employed  in  making  the 
repairs  in  front  of  each  lot  or  parcel  of  land  liable  for  the  cost 
thereof.      [G.  0.  899,  Sec.  1]. 

Sec.  576.  Board  of  public  works  may  advertise  for  pro- 
posals for  general  repairs. — If  deemed  by  the  board  of  public 
works,  in  their  discretion,  for  the  best  interest  of  the  city  so  to 
do,  they  shall  advertise  for  sealed  proposals  for  doing  the  work 
of  repairs  in  general  to  the  paving  and  planking  of  any  sidewalk 
or  curbing  or  guttering  at  such  places  within  the  city  and  at  such 
times  as  may  be  directed  by  them,  for  the  period  of  one 
year,  or  for  special  repairs  to  the  sidewalk,  curbing  or  guttering 
upon  any  street  or  streets,  or  upon  any  portion  of  such  street. 
Such  advertisement  shall  be  made  for  five  consecutive  days,  the 
contract  awarded  and  the  same  submitted  to  the  common  council 
for  confirmation.  Upon  the  confirmation  of  any  contract  for  any 
work  prescribed  in  this  ordinance,  the  board  of  public  works 
shall  cause  said  repairs  to  be  made  by  the  contractor.  [G.  O, 
Sec.  1]. 


Sec.  577.  Cost  of  repairs,  how  taxed. — The  cost  of  repair- 
ing the  paving  and  planking  of  any  sidewalk,  or  the  curbing  or 
guttering  alongside  thereof,  shall,  when  made  in  accordance  with 
sections  575  and  576  of  this  article,  be  paid  in  the  first  instance 


452  REVISED  ORDINANCES.  CHAP.  XIX. 

out  of  the  general  revenue  of  the  city  and  the  city  engineer  shall 
compute  and  charge  against  each  lot,  tract  or  parcel  of  property 
fronting  on  the  spot  where  any  such  repairs  are  made  the  cost 
of  such  repairing  in  front  thereof  and  shall  make  out  in  favor 
of  the  city  a  special  tax  bill  against  each  lot  or  parcel  of  land 
for  the  cost  of  such  repairs  made  in  front  of  such  lot^  tract  or 
parcel  of  land,  which  bill  shall  be  registered  and  collected  as 
is  provided  in  section  5564  of  the  Revised  Statutes  of  Missouri 
for  1899.     [R.  0.  1897,  Chap.  31,  Art.  7,  Sec.  9]. 

Sec.  578.  Tax  bills  shall  be  delivered  to  city  collector. — As 
soon  as  said  tax  bills  are  made  out  and  registered  by  the  city 
engineer,  he  shall  deliver  the  same  to  the  city  collector,  taking 
from  him  triplicate  receipts  therefor,  one  to  be  filed  with  the 
city  auditor,  one  with  the  city  comptroller  and  the  third  re- 
tained.    [R.  0.  1897,  Chap.  34,  Art.  7,  Sec.  10]. 

Sec.  579.  Collection  of  tax  bills. — The  city  collector  shall, 
upon  the  receipt  of  such  tax  bills,  forthwith  send  by  mail  to  each 
of  the  owners  of  property  as  shown  upon  said  tax  bills  a  writ- 
ten or  printed  notice  that  said  tax  bills  are  in  his  hands  for  col- 
lection and  will  be  payable  at  his  office  at  any  time  within  thirty 
days  from  the  date  of  their  receipt  by  him,  naming  such  date. 
At  the  expiration  of  said  thirty  days,  the  city  collector  shall 
turn  over  the  tax  bills  uncollected  to  the  city  counselor,  taking 
triplicate  receipts  therefor,  one  to  be  filed  with  the  city  auditor, 
one  with  the  city  comptroller  and  the  third  retained.  The  city 
collector  shall  also  file  with  the  city  auditor  a  statement  of  the 
money  collected  while  the  tax  bills  were  in  his  hands.  [R.  0. 
1897,  Chap.  34,  Art.  7,  Sec.  11]. 

Sec.  580.  Counselor  shall  collect  by  legal  proceedings,  when. 
— The  city  counselor  shall,  as  soon  as  practicable  after  receiving 
such  tax  bills,  collect  the  same  by  legal  proceedings  in  the  name 
of  the  city,  and  as  fast  as  he  collects  he  shall  pay  the  money  into 
the  city  treasury,  taking  triplicate  receipts  therefor,  one  to  be 
filed  with  the  city  auditor,  one  with  the  comptroller  and  the 
third  retained.      [R.  0.  1897,  Chap.  34,  Art.  7,  Sec.  12]. 


HOTELS  AND  BOARDING  HOUSES.  453 


CHAPTER     XX. 

HOTELS  AND  BOARDING  HOUSES. 

Section  ,   Section 

581.     Hotel,    license  for.  ]       582.     Boarding  .nouse,    license  for. 

Sec.  581.  Hotel,  license  for. — No  person  shall  carry  on  or 
engage  in  the  business  of  keeping  or  running  a  hotel  or-  inn  with- 
out a  license  therefor  from  said  city,  and  the  charge  for  such 
license  shall  be  fifty  dollars  per  year  when  the  building  or  build- 
ings in  which  the  business  maj^  be  carried  on,  together  with  the 
lot  or  lots  of  ground  on  which  the  same  may  be,  shall  be  valued 
for  city  taxation  in  the  land  tax  book,  at  the  issue  of  tiie  license, 
at  ten  thousand  dollars  or  over,  and  twenty-five  dollars  per  year 
when  such  value  shall  be,  at  the  issue  of  the  license,  less  than 
ten  thousand  dollars;  Provided,  that  for  any  hotel  or  inn,  kept 
in  any  building  the  first  story  of  which  is  not  used  for  such  hotel 
or  inn,  the  charge  shall  be  twenty-five  dollars  per  year.  Any 
person,  firm  or  corporation  who  keeps  a  house  open  for  the  re- 
ception and  accommodation  of  transient  guests,  and  charges 
therefor  daily  rates,  and  who  keeps  a  register  of  the  names  of 
such  guests,  is  hereby  declared  to  be  a  hotel  keeper.  [R.  0. 
1897,  Chap.  35,  Sec.  1]. 

Sec.  582.  Boarding-  house,  license  for. — No  person  shall 
carry  on  or  engage  in  the  business  of  keeping  a  boarding  house 
without  a  license  therefor  from  said  city,  and  the  charge  shall 
be  as  follows :  For  a  public  boarding  house,  ten  dollars  per  year ; 
for  a  private  or  family  boarding  house,  two  and  one-half  dollars 
per  year.  A  public  boarding  house,  as  used  in  this  section,  shall 
be  held  to  mean  any  place  where  meals  and  lodging  are  furnished 
by  day  or  night,  or  single  meal,  but  which  does  not  come  under 
the  definition  of  a  hotel  as  given  in  the  preceding  section.  [R. 
0.  1897,  Chap.  35,  Sec.  2] . 

(For  penalty  for  violating  this  chapter  see  Sec.  662,  Chap. 
27,  entitled  "licenses.") 


454 


REVISED  ORDINANCES. 


CHAP.  XXI. 


CHAPTER     XXI. 


HUCKSTERS. 


Section 

583.     Huckster,  license  for. 

Auditor  to  furnish  badge. 
Vendors   of  fish  declared  huck- 
sters. 
Date   of   expiration   of  license. 


584. 
585. 


586. 


Section 

587.     Penalty  for  violation. 
5S8.     Wholesale   hucksters. 

589.  Same,   badge   for. 

590.  Penalty  for  violation. 


Sec.  583.  Hucksters,  license  for. — It  shall  be  unlawful  for 
any  person  to  carry  on  the  business  of  huckster  in  the  city  of  St. 
Joseph,  or  in  any  manner  to  exercise  such  callins'  on  the  streets, 
alleys  or  public  places  of  the  city,  without  first  having  obtained 
a  license  for  so  doing  and  the  license  for  such  privilege  shall  be 
thirty-tive  dollars  ($35)  per  year.  Hucksters,  Avithiu  the  mean- 
ing of  this  ordinance,  are  hereby  defined  to  be  retail  vendors  of 
fruits,  vegetables,  butter,  eggs,  lard,  game,  poultry,  provisions 
or  other  farm  or  garden  products,  not  raised  by  such  vendors 
from  their  own  farms  or  gardens,  or  from  the  farms  or  gardens 
of  their  employers,  but  purchased  by  them  or  their  employers 
for  the  purpose  of  selling  again  at  retail  from  baskets,  boxes, 
wagons,  carts  or  other  vehicles  on  the  streets,  alleys  and  public 
places  of  the  city.     [G.  0.  No.  729,  Sec.  1]. 

Sec.  584.  Auditor  to  furnish  badge. — It  shall  be  the  duty  of 
the  city  auditor  to  provide,  at  the  expense  of  the  city    a  badge 

inscribed  as  follows:     "Licensed  Huckster  No ,  City  of  St. 

Joseph,  190 .  . , "  with  the  number  thereof,  and  the  year  in  which 
the  license  expires,  engraved  or  stamped  thereon  and  to  deliver 
to  each  and  every  person  securing  a  license  as  huckster  one  of 
such  badges,  which  badge  shall  be  worn  by  the  person  so  secur- 
ing the  same  in  a  conspicuous  place  on  his  person  at  all  times 
while  exercising  the  calling  of  huckster.  The  auditor  shall  also 
provide  a  metallic  plate  inscribed  as  above  provided,  and  deliver 
the  same  to  hucksters  licensed  as  herein  required,  who  sell  their 
produce,  etc.,  from  wagons  or  carts  and  it  shall  be  the  duty  of 
such  hucksters  to  place  the  same  on  the  right  hand  side  of  their 
wagon  or  cart.  Not  more  than  one  wagon  or  cart  can  be  operated 
under  one  license.      [G.  0.  No.  729,  Sec.  2]. 


HUCKSTERS.  455 

Sec.  585.  Vendors  of  fish  declared  hucksters. — Any  person 
selling  fish  at  retail  from  any  basket,  box,  cart,  wagon  or  other 
vehicle,  when  such  fish  are  not  produced  or  grown  on  the  farm 
or  property  of  such  person  or  his  employer,  shall  be  held  and 
deemed  to  be  a  huckster,  and  shall  not  be  permitted  to  sell  and 
retail  such  fish  without  first  having  and  taking  out  a  license  as 
huckster.     [G.  0.  No.  630,  Sec.  1]. 

Sec.  586.  Date  of  expiration  of  license. — All  licenses  issued 
under  this  ordinance  shall  expire  on  the  first  day  of  April  next 
succeeding  the  date  of  issue  of  such  license  and  charged  for  from 
the  date  of  issue  to  April  first ;  Provided  that  no  license  shall  be 
issued  for  a  less  sum  than  two  and  one-half  dollars  ($2.50).  And 
after  April  first,  1902,  all  licenses  shall  be  thirty-fi.ve  dollars 
($35.00)  per  annum.      [G.  0.  No.  729,  Sec.  3]. 

Sec.  587.  Penalty  for  violation. — Any  person  who  shall 
violate,  fail,  neglect  or  refuse  to  comply  with  any  provision, 
regulation  or  requirement  herein  contained,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall,  in 
case  the  defendant  is  prosecuted  for  having  failed  to  take  out  and 
have  a  license  authorizing  such  person  to  conduct  such  business 
or  avocation,  shall  be  fined  in  a  sum  not  to  exceed  one  hundred 
dollars.     [G.  0.  No.  729,  Sec.  4]. 

Sec.  588.  Wholesale  hucksters. — All  persons  who  shall  vend 
or  sell,  from  railroad  cars  located  on  any  railroad  track  or  switch 
in  the  city  of  St.  Joseph,  fruit,  vegetables,  eggs,  butter,  lard, 
game,  poultry,  provisions  or  other  farm  or  garden  products  not 
raised  by  such  persons  from  their  own  farm  or  garden  or  from 
the  farm  or  garden  of  their  employers,  but  purchased  by  them  or 
their  employer  for  the  purpose  of  selling  again  at  retail  or  whole- 
sale from  such  cars,  shall  be  held  and  deemed  to  be  wholesale 
hucksters,  and  shall  pay  a  license  as  a  wholesale  huckster,  and  the 
charge  for  such  license  shall  be  $50.00  per  year,  and  no  license 
shall  be  taken  out  as  a  wholesale  huckster  for  a  less  period  than 
one  year.     [G.  0.  No.  615,  Sec.  1]. 

Sec.  589.  Wholesale  hucksters,  badge  for. — It  shall  be  the 
duty  of  the  city  auditor  to  provide,  at  the  expense  of  the  city,  a 
badge    inscribed    as    follows:     "Licensed    Wholesale    Huckster 


456  REVISED  ORDINANCES.  CHAP.  XXI. 

No ,  City  of  St.  Joseph,  19.  . .  .,"  with  the  number  thereof 

and  the  time  when  such  license  expires  engraved,  stamped  or 
written  thereon;  and  to  deliver  to  each  and  every  peison  secur- 
ing a  license  as  wholesale  huckster  one  of  such  badges,  which 
badge  shall  be  worn  by  the  person  so  securing  the  same,  in  a 
conspicuous  place  on  his  person  at  all  times  while  exercising  the 
calling  of  a  wholsesale  huckster.     [G.  0.  No.  615,  Sec.  3]. 

Sec.  590.  Penalty  for  violation.— Any  person  who  shall 
carry  on  the  business  of  a  wholesale  huckster  as  defined  in  section 
588,  without  having  obtained  a  license  for  so  doing,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall  be  fined 
in  a  sum  of  not  less  than  one  hundred  dollars  ($100  00)  nor  more 
than  two  hundred  dollars  (.$200.00).      [G.  0.  No.  615,  Sec.  2]. 


ICE. 


457 


CHAPTER     XXII. 


ICE. 


Section 

591.  Ice    not    to    be    cut    or    stored 

without  permit. 

592.  Not   to   be    cut   or    stored    until 

examined. 

593.  Ice    dealer    sliall    furnish    sam- 

ples; permit  revolted  and  sale 
prohibited,  when. 


Section 

594.  Permit      and      certified       copy, 

shall  be  kept,  where. 

595.  Permit;    by  whom   issued,   pro- 

visions   of,    etc.;    may    be   re- 
called, form  of,  ttc. 

596.  Penalty. 


Skc.  591.     Ice  not  to  be  cut  or  stored  without  permit. — No 

person,  firm  or  corporation  sliall  witliin  tlie  city  limits  of  St. 
Joseph,  cut  from  or  by  any  process  remove  and  take  any  ice,  for 
any  purpose  whatever,  from  tlie  Missouri  river,  any  stream,  pond, 
pool,  sinkhole  or  slough,  nor  sell,  deliver  or  pack  and  store  away 
any  ice,  without  having  obtained  a  permit  from  the  board  of 
health  so  to  do.     [R.  0.  1897,  Chap.  37,  Sec.  1]. 

Sec.  592.  Not  to  be  cut  or  stored  until  examined. — When- 
ever any  person,  firm  or  corporation  desire  to  cut  from  any  body 
of  water,  or  sell,  deliver  or  pack  and  store  away  any  ice,  within 
the  limits  of  the  city,  they  shall  make  application  to  the  clerk  of 
the  board  of  health  for  a  permit  so  to  do,  and  if  upon  examina- 
tion by  a  proper  oi!icer  authorized  by  the  board  of  health  to  make 
the  examination,  said  board  is  satisfied  that  the  ice  proposed  to  be 
cut,  sold,  delivered  or  packed  and  stored  away,  is  clean  and  fit 
and  proper  to  be  used  for  drinking,  culinary  and  refrigerating 
purposes,  the  clerk  of  said  board  shall  grant  a  permit  to  the  ap- 
plicant.    [R.  0.  1897,  Chap.  37,  Sec.  2]. 


Sec.  593.  Ice  dealer  shall  furnish  samples — permit  revoked 
and  sale  prohibited,  when. — Ice  dealers  shall  furnish  the  city 
chemist  with  samples  of  ice  from  their  houses  or  wagons  whenever 
notified  so  to  do  by  the  board  of  health.  Whenever  it  shall  be 
ascertained  that  any  ice  containing  any  impurities  whatever,  and 
which  is  in  the  opinion  of  the  city  chemist  deleterious,  notice 
thereof  shall  be  given  in  writing  to  such  ice  dealer,  and  all  per- 
mits for  the  sale  of  all  ice  cut  and  taken  from  the  same  water 


458  REVISED  ORDINANCES.  CHAP.  XXII. 

as  that  inspected,  examined  and  analyzed,  shall  be  revoked,  and 
the  sale  of  such  ice  prohibited.     [R.  0.  1897,  Chap.  37,  See.  3]. 

Sec.  594.  Permit  and  certified  copy  shall  be  kept,  where. — 
A  separate  permit  shall  be  obtained  for  the  cuttiny.  removing, 
storing  and  packing  of  ice,  which  shall  state  from  what  body  of 
water  the  same  is  to  be  taken  and  the  place  or  places  where  the 
same  is  to  be  stored  or  packed,  which  permit  shall  be  kept  at  the 
body  of  Avater  and  the  place  where  the  ice  is  being  cut,  or  from 
where  it  is  being  removed,  and  a  certified  copy  of  such  permit 
shall  be  kept  at  the  house  or  place  where  the  same  is  being  stored 
or  packed.  A  separate  permit  shall  be  obtained  for  the  sale  and 
delivery  of  all  ice  which  shall  state  from  what  body  of  water  the 
same  was  taken  or  cut  and  the  place  or  house  wherein  the  same 
is  stored  or  packed.     [R.  0.  1897,  Chap.  37,  Sec.  4]. 

Sec.  595.  Permit,  by  whom  issued,  provisions  of. — All  per- 
mits provided  for  by  this  ordinance  shall  be  issued  by  the  clerk 
of  the  board  of  health,  by  and  with  the  authority  of  said  board. 
No  permit  for  cutting  ice  shall  be  issued  to  cover  more  than  three 
acres.  The  board  of  health  may  at  any  time  recall  any  permit 
if  any  of  the  rules  or  orders  of  said  board  are  violated.  The 
board  of  liealth  shall  prescribe  the  form  of  all  applications  and 
permits  provided  for  by  this  ordinance.  [R.  0.  1897,  Chap.  37, 
Sec.  5]. 

Sec.  596.  Penalty. — Any  person  who  shall  violate,  fail,  neg- 
lect or  refuse  to  comply  with  any  provision,  regulation  or  require- 
ment in  this  ordinance  contained  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  five  hundred  dollars  for 
each  offense.     [R.  0.  1897,  Chap.  37,  Sec.  6]. 


INSPECTOR  OF  LICENSES.  459 


CHAPTER     XXIII. 

INSPECTOR    OF    LICENSES,    WEIGHTS    AND    MEASURES. 


Section 

597.  Office    created;    term   of   office. 

598.  Duties  of  inspector. 

599.  Fees  and   comiiensation. 

600.  Penalty    for    refusing    to    have 

measure   tested. 

601.  Penalty    for   using    false    meas- 

ure. 

602.  Proper   standard   must  be   used 

for  testing. 


Section 

603.  Duty    of    inspector    to    requite 

license. 

604.  Additional    fees    on    conviction, 

etc. 

605.  Weight  tickets. 

606.  City  weights,  duty  of  inspector, 

penalty. 

607.  Deputy    license     inspector, 

duties,    salary. 


Sec.  597.  Office  of  inspector  created,  appointment,  term, 
bond. — There  shall  be  appointed  in  the  city  of  St.  Joseph,  by  the 
mayor  thereof,  subject  to  confirmation  by  a  majority  of  the  com- 
mon council,  an  officer  to  be  styled  inspector  of  licenses,  weights 
and  measures,  who  shall  hold  his  office  for  a  term  of  two  years 
and  until  his  successor  is  duly  appointed  and  qualified,  and  be- 
fore entering  upon  his  duties  he  shall  give  bond  in  the  sum  of 
one  thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  said  office.      [R.  0.  1897,  Chap.  39,  Sec   1]. 

Sec.  598.  General  duties  of. — It  shall  be  the  duty  of  said 
inspector,  when  any  place  of  business  is  first  opened  in  the  citj^ 
where  scales,  weights  and  measures  or  other  instruments  for 
weighing  or  measuring  articles  of  merchandise  or  other  things 
for  purchase  or  sale,  are  used,  to  examine  and  test  the  accuracy 
of  such  scales,  weights,  measures  and  other  instruments  of  weight 
or  measurement,  and  to  seal  the  same  when  found  or  made  cor- 
rect by  him  according  to  the  standard  prescribed  by  the  United 
States  and  the  State  of  Missouri.  For  such  first  inspection  said 
inspector  shall  be  entitled  to  charge  and  receive  for  his  services 
in  examining,  testing  and  sealing,  as  hereinbefore  required,  from 
the  person  or  persons  owning  or  using  such  instruments,  the  fees 
as  provided  in  section  three  of  this  ordinance.  Further  inspec- 
tions may  be  made  from  time  to  time  by  tlie  inspector,  upon  his 
own  motion  or  at  the  request  of  any  other  person.  Upon  such 
subsequent  inspection   or   examination  no  fee   therefor  shall   be 


460  REVISED  ORDINANCES.  CHAP.  XXIII. 

collected  from  the  person  or  persons  owning  or  using  the  same 
unless  the  scale,  weight  or  measure  so  inspected  be  fouud  incor- 
rect, when,  and  in  such  case,  a  like  fee  as  provided  for  the  first 
inspection  shall  be  charged  and  collected,  as  in  the  iirst  instance. 
If  such  subsequent  inspection  finds  the  scale,  weight  or  measure 
correct,  then  the  cost  of  such  inspection  shall  be  charged  and 
collected  from  the  person  or  persons  at  whose  request  such  sub- 
sequent inspection  was  made.  Before  making  such  subsequent 
inspection,  unless  it  be  on  his  own  motion,  the  inspector  may 
require  any  person  requesting  such  inspection  to  deposit  with  the 
city  comptroller  a  sufficient  amount  of  money  to  cover  the  cost 
thereof  in  case  the  scale,  weight  or  measure  or  other  instrument 
complained  of  be  found  correct,  in  which  case  the  comptroller 
shall  pay  the  inspection  fee  as  herein  provided  from  such 
deposit  upon  the  request  of  the  inspector.  Said  inspector  shall, 
at  least  once  in  each  calendar  year,  test  and  inspect  all  depot  or 
track  scales  used  by  common  carriers  within  said  city,  and  seal 
the  same  when  found  coi^rect  as  hereinbefore  provided.  [R.  0. 
1897,  Chap.  39,  Sec.  2]. 

Sec.  599.  Fees  for  testing  and  sealing. — The  said  inspector 
shall  be  entitled  to  receive  for  examining,  testing  and  sealing,  as 
hereinbefore  provided,  the  following  fees,  to  wit :  For  all  in- 
struments of  weight  of  capacity  not  exceeding  two  hundred 
pounds,  fifteen  cents ;  of  capacity  of  over  two  hundred  pounds 
and  less  than  six  hundred  pounds,  twenty-five  cents ;  of  capacity 
over  six  hundred  pounds  and  less  than  two  thousand  pounds, 
fifty  cents;  of  capaeitj^  over  two  thousand  pounds,  one  dollar; 
and  of  scales  used  in  weighing  hay,  grain,  coal,  live  stock,  or 
other  things  of  a  like  nature,  or  any  depot  or  track  scales,  two 
dollars  for  every  set  of  scales  tested  and  sealed.  For  all  instru- 
ments of  measurement,  as  follows:  For  any  yard  stick,  dry  or 
liquid  measure,  five  cents;  for  any  set  of  measures,  twenty-five 
cents.     [R.  0.  1897,  Chap.  39,  Sec.  3]. 

Sec.  600.  Refusing  to  have  measure  tested;  penalty. — If 
any  person  shal  fail  or  i-efuse  to  have  any  instrument  of  weight 
or  measurement  in  his  possession  or  use  examined,  tested,  cor- 
rected or  sealed  when  calk'd  upon  for  that  purpose  by  the  in- 
spector, as  herein  ])i-()vi(l(Ml,  or  to  i)fiy  the  established  fee  for  the 


INSPECTOR  OF  LICENSES.  461 

same,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  five  dollars  nor  more 
than  five  hundred  dollars.      [E.  0.  1897,  Chap.  39,  Sec.  4]. 

Sec.  601.  Using  false  measure. — If  any  person  shall  use  any 
instrument  of  weight  or  measurement  in  the  purchase  or  sale  of 
any  article  of  merchandise  or  other  thing,  that  is  incorrect  ac- 
cording to  the  standard  prescribed  by  law  and  that  ha&.  not  been 
tested  and  sealed  as  herein  provided,  or  if  any  person  shall  alter 
or  permit  to  be  altered  any  such  instrument  which  has  been  so 
sealed,  so  as  to  make  the  same  incorrect  according  to  such  stand- 
ard, or  shall  use  any  such  instrument  or  keep  the  same  for  use 
in  the  purchase  or  sale  of  merchandise  or  any  other  thing,  know- 
ing that  such  instrument  is  incorrect,  whether  the  same  has  been 
tested  and  sealed  or  not,  such  person  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  ten  nor  more  than  five  hundred  dollars.  [R.  0.  1897,  Chap. 
39,  Sec.  5]. 

Sec.  602.  Proper  standard  must  be  used  for  testing. — If  the 
standard  used  by  the  inspector  in  testing  any  instrument  of 
weight  and  measurement,  as  herein  provided,  shall  at  any  time  be 
different  from  that  prescribed  by  law  or  ordinance,  the  said  in- 
spector shall  for  such  use  thereof  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  be  fined  not  less  than  twen- 
ty nor  more  than  five  hundred  dollars.  [R.  0.  1897,  Chap.  39, 
Sec.  6]. 

Sec.  603.  Duty  of  inspector  to  require  license. — It  shall  be 
the  duty  of  said  officer,  as  inspector  of  licenses,  to  ascertain  what 
licenses  are  required  by  the  ordinances  of  the  city  and  to  see  that 
no  person  is  engaged  in  any  business  or  calling  within  the  limits 
of  the  city,  wherein  a  license  is  required,  without  first  having 
obtained  such  license,  and  to  report  all  persons  found  so  engageil, 
to  the  city  attorney  for  prosecution.  [E.  O.  1897,  Chap.  39, 
Sec.  7]. 

Sec.  604.  Additional  fees  on  conviction,  etc. — In  addition 
to  the  fees  hereinbefore  provided  for,  the  said  inspector  shall  be 
entitled  to  receive  as  pay  for  his  services  as  insi^ector  of  licenses, 
such  annual  salary  as  may  by  ordinance  be  prescribed,  and  in  any 


462  REVISED  ORDINANCES.  CHAP.  XXIII. 

case  where,  upon  information  given  by  said  inspector,  a  convic- 
tion of  the  offender  shall  be  had,  and  the  costs  shall  be  made  out 
of  the  defendant,  the  said  inspector  shall  be  entitled  to  a  fee  of 
two  dollars,  which  shall  be  taxed  up  and  collected  as  costs  against 
the  defendant  in  such  case,  but  no  such  fee  shall  be  paid  to  said 
inspector  until  collected  from  said  defendant.  [R.  0.  1897,  Chap. 
39,  Sec.  2]. 

Sec.  605.  Weight  tickets. — It  shall  not  be  lawful  for  any 
person,  firm  or  corporation  to  sell  and  deliver  any  hay,  coal,  coke, 
charcoal,  fire-wood  or  other  fuel  to  be  used  in  the  city,  unless 
the  delivery  of  such  articles  shall  be  accompanied  with  a  delivery 
ticket  signed  by  the  person,  firm  or  corporation  selling  said  fuel, 
stating  in  tons,  fractional  parts  thereof  or  pouncl,  avoirdupois, 
the  weight  thereof  in  the  vehicle  used  for  said  delivery,  unless 
it  be  wood,  when  the  quantity  shall  be  expressed  in  cords  or 
fractional  parts  thereof.  Said  ticket  shall  also  state  the  names 
of  the  seller  and  purchaser  and  said  ticket  shall  be  delivered  to 
the  purchaser  of  any  said  articles  by  the  seller  in  all  sales  of  the 
same  and  at  the  time  of  delivery.     [G.  0.  No.  830,  Sec.  1]. 

Sec.  606.  City  weights,  duty  of  inspector. — The  Ueense  in- 
spector or  his  deputy  shall  have  power  to  stop  anj'  person  hauling 
hay,  coal,  coke,  charcoal,  fire-wood,  feed  or  fuel  of  any  kind  in 
any  vehicle  from  any  yard  or  private  scale,  and  require  said 
person  to  exhibit  the  delivery  ticket  of  said  load  and  require 
said  person  to  drive  to  any  public  or  yard  scales,  duly  tested 
and  sealed  in  the  vicinity,  and  have  the  same  weighed,  and  re- 
quire said  person  to  return  after  delivering  the  load  and  have 
the  vehicle  weighed.  The  weighers  of  either  public  or  yard  scales 
shall,  without  delay  and  without  charge  therefor,  weigh  the  ve- 
hicle when  required  to  do  so  by  the  inspector  or  his  deputy  for  the 
purpose  of  testing  the  correctness  of  the  weight  at  the  yard 
scales,  and  any  yard  scales  may  be  used  by  the  licens*^  inspector 
or  his  deputy  for  the  testing  and  proving  the  accuracy  in  Aveigh- 
ing  of  any  other  scales  or  of  any  draught  weighed  or  load  hauled. 
Any  person  who  shall  sell,  deliver  or  attempt  to  sell  or  deliver  any 
short,  false  or  fraudulent  Aveight  or  measure  of  any  articles  of 
food,  fuel  or  merchandise  of  any  kind,  shall  be  guilty  of  misde- 
meanor and  upon  conviction  shall  be  fin^Ml  in  the  sum  not  to  ex- 
ceed one  hundred  dollars  ($100.00)  for  each  and  every  offense. 
[G.  O.  No.  830,  Sec.  2]. 


INSPECTOR  OP^LICENSES.  463 

Sec.  607.  Deputy  license  inspector,  how  appointed,  duties, 
salary. — There  is  hereby  created  in  the  city  of  St.  Joseph  the 
office  of  deputy  license  inspector,  whose  duties  shall  be  under  the 
direction  of  the  license  inspector.  He  shall  be  under  the  direction 
of  the  license  inspector  and  in  his  absence,  shall  perform  all  the 
duties  of  the  office.  The  deputy  license  inspector  shall  be  ap- 
pointed by  the  license  inspector  and  shall  hold  the  office  during 
the  pleasure  of  the  license  inspector.  The  salary  of  such  deputy 
license  inspector  shall  be  $900.00  per  annum,  payable  monthly  as 
other  city  officers  are  paid.      [G.  0.  No.  831,  Sec.  1]. 


464  REVISED  ORDINANCES.  CHAP.  XXIV. 


CHAPTER     XXIV. 

INSURANCE  COMPANIES. 

Section  i   Section 

608.     Insurance  company,  license  for.    [       609.     Penalty      for      doing     business 

j  without  license. 

Sec.  608.  Insurance  company,  license. — No  person  or  asso- 
ciation, or  company  of  persons,  or  corporation,  shall  carry  on  in 
this  city,  in  person  of  by  agent,  the  business  of  any  kind  of  in- 
surance without  a  license  for  that  purpose,  an-l  the  charge  for 
such  license  shall  be  fifty  dollers  per  year,  and  no  license  shall 
be  issued  for  a  shorter  period  than  one  year.  Said  license  shall 
permit  the  insurance  company  securing  the  same  to  establish 
but  one  agency  in  said  city  on  said  license.  Any  person  or  asso- 
ciation, or  company  of  persons,  or  corporation,  desiring  to  have 
more  than  one  agency  in  this  city,  shall  be  required  to  take  out 
a  separate  license  for  each  agency,  and  the  charge  for  such  license 
for  each  additional  agency  shall  be  fifty  dollars  per  year.  Noth- 
ing in  this  section  shall  be  so  construed  as  to  relieve  any  person 
acting  as  agent  for  such  companies  from  the  payment  of  a 
license  as  insurance  agent.      [R.  0.  1897,  Chap.  40,  Sec.  1]. 

Sec.  609.  Doing  business  without  license — penalty.— It  shall 
be  unlawful  within  the  limits  of  the  city  for  any  person  to  act  as 
agent  or  adjuster  for  any  insurance  company  not  having  paid 
the  license  herein  required,  and  any  person  or  copartnership  of 
persons  acting  for  any  company  or  companies  not  having  paid 
said  license  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  a  sum  not  less  than  one  hundred  dol- 
lars.    [R.  0.  1897,  Chap.  40,  Sec.  2]. 


INTELLIGENCE  OFFICES. 


465 


CHAPTER     XXV. 

INTELLIGENCE  OFFICES. 


Section 

610.  Intelligence    office,    license   for. 

611.  License,   how  obtained. 


Section 

612.     Penalty  for  fraud  or  deception. 


Sec.  610.  Intelligence  offices — license. — No  person  shall  es- 
tablish or  keep  any  intelligence  office  within  the  city  of  St.  Joseph 
for  the  purpose  of  obtaining  places  or  employment  for  male  or  fe- 
male family  domestic  servants  or  other  laborers,  or  for  procuring 
or  giving  information  concerning  such  places  for  or  to  such  do- 
mestics, servants  or  laborers,  or  for  procuring  or  giving  informa- 
tion concerning  such  domestics,  servants  or  laborers,  for  or  to  em- 
ployers, without  a  license  therefor  from  said  city,  and  the  charge 
for  such  license  shall  be  twenty-five  dollars  per  year.  [R.  0. 
1897,  Chap.  41,  Sec.  1]. 

Sec.  611.  License — how  obtained. — The  applicatio;!  for  such 
license  shall  be  in  writing,  and  shall  state  wliere  the  proposed  in- 
telligence office  shall  be  kept,  and  shall  be  endorsed  by  a  police 
commissioner  or  the  chief  of  police  to  the  effect  that  the  applicant 
is  a  person  of  good  moral  character.  [R.  0.  1897,  Chap.  41, 
Sec.  2]. 

Sec.  612.  Penalty  for  fraud  or  deception. — Any  pei-son  keep- 
ing an  intelligence  office,  as  aforesaid,  who  shall,  directly  or  indi- 
rectly, make  use  of  any  improper  device,  deceit,  false  representa- 
tion, false  pretense,  or  any  imposition  whatsoever  for  any  im- 
proper purpose,  or  for  the  purpose  of  obtaining  a  fee,  money, 
gratuity  or  other  thing  of  value,  from  any  customer,  person  or 
persons,  or  who  shall  ask,  demand  or  receive  any  unusual  or  ex- 
orbitant fee  for  any  service  rendered,  shall  on  conviction  be  fined 
in  a  sum  not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars, and  the  license  of  such  person  shall  thereby  become  forfeited, 
and  he  shall  be  incompetent  thereafter  to  receive  a  license  as 
keeper  of  an  intelligence  office.     [R.  0.  1897,  Chap.  41,  Sec.  3] . 


30 


466 


REVISED  ORDINANCES. 


CHAP.  XXVI. 


CHAPTER     XXVI. 


JUNK  DEALERS. 


Section 

613.  Junk   shop,   license  for. 

614.  Junk  dealer,  license  for. 


Section 
615.     Shall      keep 

chases. 
GIG.     Penalty. 


record     of     pur- 


Sec.  613.  Junk  shop,  license. — No  person  shall  keep  or 
carry  on  or  take  part  in  keeping  or  carrying  on  any  junk  shop 
without  a  license  therefor  from  said  city,  and  the  charge  for  such 
license  shall  be  twenty-five  dollars  per  year.  Any  stand,  stall, 
store,  room  or  place  used  or  occupied  for  the  purpose  of  buying, 
selling,  offering  for  sale,  trading  or  dealing  in  old  iron,  lead,  brass, 
steel,  copper  or  other  metal,  rags  or  paper,  shall  be  deemed  a  junk 
shop.     [R.  0.  1897,  Chap.  42,  Sec.  1]. 


Sec.  614.  Junk  dealer,  license. — Any  person  who  shall  be 
engaged  as  a  regular  business  in  going  from  house  to  house,  and 
place  to  place  in  said  city,  and  buying  old  iron,  lead,  brass,  steel, 
copper  or  other  metals,  rags  or  paper,  shall  be  deemed  a  juUk 
dealer,  and  no  person  shall  engage  in  such  business  without  first 
having  obtained  a  license  therefor  from  said  city,  and  the  charge 
for  such  license  shall  be  five  dollars  per  year.  [R.  0.  1897,  Chap. 
42,  Sec.  2]. 

Sec.  615.  Shall  keep  record  of  purchases. — Every  person 
keeping  or  carrying  on,  or  taking  any  part  in  keeping  o^  carrying 
on  any  junk  shop  shall  keep  a  register,  in  which  he  shall,  at  the 
time  of  purchase  or  receipt,  enter  the  names  and  residence  of  all 
persons  from  whom  he  sludl  purchase  or  receive  any  old  iron, 
lead,  brass,  steel,  copper  or  other  metals,  rags  or  paper;  and  he 
shall  keep  such  register  open,  at  all  times,  to  the  examination  or 
inspection  of  any  person  asking  or  demanding  tho  same.  He  shall, 
also,  at  all  times,  permit  and  allow  any  person  demanding  the 
same  to  examine  and  inspect  all  old  iron,  lead,  brass,  steel,  copper 
or  other  metals,  rags  or  paper,  or  any  other  article  or  thing  what- 
soever kept  or  stored  in  or  around  such  junk  shop.  [R.  0.  1897, 
Chap.  42,  Sec.  3]. 


JUNK  DEALERS.  467 

Sec.  616.  Penalty. — Any  person  violating,  failing,  neglect- 
ing or  refusing  to  comply  with  any  provision,  regulation  or  re- 
quirement of  the  next  three  preceding  sections  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars.     [R.  O.  1897,  Chap.  42,  Sec.  4]. 


468 


REVISED  ORDINANCES. 


CHAP.  XXVII. 


CHAPTER     XXVII. 


LICENSES. 


618. 
619. 
620. 


621. 


Section 

617.     License  required  for  what. 

Agents,   solicitors,  etc. 

Brolvers,  dealers  in  stocks,  etc. 

Commission  merchant,  live 
stock  commission  merchant, 
corn  doctor,  manicure,  coal 
dealer  or  coal  agent,  costum- 
er,  clairvoyant  or  fortune  tel- 
ler. 

Ball  park,  grain  dealer,  horse 
or  cattle  dealer,  private  ven- 
ereal hospital,  hawker,  laun- 
dry, dealer  in  opera  tickets, 
ordinary  or  restaurant,  ice 
cream  parlor  or  dealer  or 
oyster  parlor,  photographer, 
sale  stable,  feed  or  boarding 
stable,  second  hand  dealer, 
wagon  yard,  commercial 
agency,  wood  dealer  or  agent. 

Loaning  money  on  chattels, 
etc. 

Itinerant  vendor  of  drugs,   etc. 

Trading  banK  check  or  prem- 
ium stamp  concern. 

Trading  bank  check  or  prem- 
ium stamp  concern — defini- 
nition  of. 

Penalty  for  violation. 

Undertakers. 

Penalty  for  violation. 

Vehicles. 

Vehicles,   tag  required. 

Penalty. 

Vehicles — duty  of  auditor. 

Vehicles — fund  derived  from — 
how  expended. 

Vehicles — non-residents. 


622. 


623. 
624. 


625. 


626. 
627. 
628. 
629. 
630. 
631. 
632. 
633. 


634. 


Section 

635.  Baker — license. 

636.  Banks. 

637.  Abstracter. 

638.  Enlarging    pictures    or    photo- 

graphs. 

639.  Livery  stables. 

640.  Same — penalty. 
6U.  Peddler  defined. 
042.     License  required. 

643.  Amounts  charged  therefor. 

644.  Non-resident      canvassers,      li- 

cense for. 

645.  Peddling    of    fresh    meats    pro- 

hibited. 

646.  Storage  house. 

647.  Express   or   telegraph   company 

must   have   license. 

648.  Same — license. 

649.  Property  of  to  be  taxed. 
fi.jO.     The   word   "person"   defined. 

651.  Term  of  license,   etc. 

652.  All  licenses  to  be  posted. 

653.  Inspector  of  licenses  must  keep 

a  record,  etc. 

654.  License  must  be  paid  for. 

655.  Treasurer  must  give  receipt. 

656.  License  to  be  signed  by  audi- 

tor. 

657.  Auditor    to    keep    record    of   li- 

censes. 

658.  Auditor  shall  preserve  receipts. 

659.  May  be  issued  to   two  or  more 

jointly. 

660.  Will   protect   employe,   when. 

661.  Shall     specify     location  —  how 

transferable. 

662.  Penalty  for  violation,  etc. 


Skc.  617.  License  required  for  what. — All  the  various  ob- 
jects, subjects,  persons,  trades,  vocations  and  occupations  within 
the  city  of  St.  Joseph  shall  be  licensed,  taxed  and  regulated  as  in 
this  ordinance  provided.      [E.  O.  1897,  Chap.  43,  Sec.  1]. 

Sec.  618.  Agents,  license  required  for. — No  person  shall  en- 
gage in  or  carry  on  the  business  of  agent  for  any  of  the  occupa- 
tions hereinafter  mentioned  without  a  license  from  said  city,  and 
the  charge  for  such  license  shall  be  as  follows : 


LICENSES.  469 

Insurance  Agent. — Ten  dollars  per  year.  An  insurance  agent 
shall  be  held  to  mean  every  person,  firm  or  corporation  acting  as 
an  agent  for  any  kind  of  an  insurance  company,  and  keeping  an 
account  with  said  insurance  company  for  money  collected  or 
money  remitted. 

Claim  and  Collection  Agent. — Twenty-five  dollars  per  year. 
A  claim  and  collection  agent  shall  be  held  to  mean  any  person 
who  exercises  the  business  of  collecting  for  others,  for  hire, 
claims  against  the  government,  or  against  corporations  or  private 
individuals :  provided,  that  this  section  shall  not  apply  to  collec- 
tions made  by  attorneys  at  law  in  the  ordinary  prosecution  of  the 
business  of  their  profession. 

Brewer's  Agent. — One  hundred  dollars  per  year. 

Manufacturer's  Agent. — Twenty-five  dollars  per  year.  Any 
person,  firm  or  corporation  who  stores  and  distributes  goods  for 
the  manufacturer,  and  who  does  not  purchase  the  same,  shall  be 
held  to  be  a  manufacturer's  agent. 

Commercial  Agent. — One  hundred  dollars  per  year.  Any 
person,  firm  or  corporation  having  a  place  of  business  in  this  city 
where  orders  for  the  sale  and  delivery  of  goods  are  taken,  and 
where  a  stock  of  goods  is  not  kept  regularly  on  hand  for  sale,  is 
hereby  declared  to  be  a  commercial  agent. 

Financial  Agent  or  Broker. — One  hundred  and  fifty  dollars 
per  year.  Every  person,  firm  or  corporation,  other  than  licensed 
banks  or  persons  loaning  money  on  chattels  or  chattel  mortgages, 
or  pawnbrokers,  who,  for  a  commission  or  other  compensation,  ne- 
gotiates, obtains  or  eif  ects  loans  of  money  on  real  estate  security, 
or  on  collateral  security  or  personal  guarantees,  or  who  effects  or 
negotiates  for  the  sale  or  purchase  of  stocks,  bonds,  bills  of  ex- 
change, bullion,  coined  money  or  other  money  or  currency,  prom- 
issory notes  or  other  securities,  for  others,  is  hereby  declared  to 
be  a  financial  agent  or  broker. 

Sewing  Machine  Agent  or  Dealer. — Fifty  dollars  per  year. 
Any  person  who  maintains  a  place  of  business  for  the  sale  or  ex- 
change of  sewing  machines  belonging  to  any  other  person  or  cor- 


470  REVISED  ORDINANCES.  CHAP.  XXVII. 

poration  and  on  the  sale  of  which  he  is  to  receive  a  commission,  is 
hereby  declared  to  be  a  sewing  machine  agent  or  dealer. 

Sewing  ^Machine  Solicitor. — ^Ten  dollars  per  year.  Any  per- 
son who,  at  any  place  in  the  city  other  than  his  regular  place  of 
business,  solicits  for  the  sale  or  exchange  of  sewing  machines,  is 
hereby  declared  to  be  a  sewing  machine  solicitor. 

House  and  Real  Estate  Agent  and  Real  Estate  broker. — Ten 
dollars  per  year.  Every  person,  or  firm  composed  of  one  or  more 
persons,  who  shall  act  as  agent  for  any  party  in  the  leasing,  rent- 
ing or  selling  of  houses  or  real  estate  at  private  or  public  sale,  or 
who  shall  receive  or  collect  rents  for  another  for  a  commission  or 
other  compensation,  or  who  shall  advertise  or  hang  out  any  sign 
or  device  which  shall  designate  him  as  an  agent  for  the  renting, 
collecting  rents,  leasing  or  selling  of  houses  or  real  estate,  shall  be 
considered  as  house  and  real  estate  agents.  A  real  estate  broker 
or  agent  is  one  who,  for  compensation  or  commission,  is  engaged 
in  the  buying  or  selling  for  others,  or  who  negotiates  sales  of  real 
estate  belonging  to  others.      [R.  0.  1897,  Chap.  43,  Sec.  2] . 

Sec.  619.  Broker. — No  person,  firm  or  corporation  shall  en- 
gage in  or  carry  on  the  business  of  a  broker  in  this  city  without  a 
license  therefor,  and  the  charge  for  such  license  shall  be  as  fol- 
lows : 

Money  Broker,  Money  Changer  or  Dealer  in  Stocks  or  Bonds. 
— One  hundred  and  fifty  dollars  per  year. 

Insurance  Broker. — Fifty  dollars  per  year.  Any  person  who 
shall,  in  favor  of  any  person,  firm  or  corporation,  for  commission 
or  compensation,  effect  or  place,  or  cause  to  be  effected  or  placed, 
or  shall  negotiate  for  or  obtain  authority  to  effect  or  place  any  in- 
surance or  insurance  risks  in  any  insurance  company  of  which 
he  is  not  an  accredited  agent,  is  hereby  declared  to  be  an  insur- 
ance broker.      |R.  O.  1897,  Chap.  43,  See.  3]. 

Sec.  620.  Commission  merchant,  live  stock  commission  mer- 
chant, com  doctor,  manicure,  coal  dealer  or  coal  agent,  costumer, 
clairvoyant  or  fortune  teller. — No  person  or  persons  shall  engage 
in  or  carry  on  the  oceui)ation  of  commission  merchant,  live  stock 


LICENSES.  471 

commission  merchant,  corn  doctor  or  manicure,  coal  dealer  or  coal 
agent,  costumer,  clarivoyant  or  fortune  teller  without  first  hav- 
ing obtained  a  license  therefor  from  said  city  and  the  charge  for 
such  license  shall  be  as  follows : 

Commission  Merchant. — Twenty-five  dollars  per  year.  Any 
person,  firm  or  corporation  who  shall  receive  consignments  of 
goods,  wares,  merchandise  or  produce  to  be  sold  for  or  on  account 
of  consignor  for  a  commission  or  other  compensation,  or  who  re- 
ceives consignments  of  goods,  wares,  merchandise  or  produce  not 
purchased  or  ordered  by  him  previous  to  shipment,  but  left  with, 
or  shipped  to  him  to  be  sold  at  the  market  price,  or  who  advertises 
as  a  commission  merchant  through  any  newspaper  or  by  his  office 
stationery,  shall  be  held  to  be  a  commission  merchant. 

Live  Stock  Commission  Merchant. — Twenty-five  dollars  per 
year. 

Corn  Doctor  or  Manicure. — Ten  dollars  per  year. 

Coal  Dealer  or  Coal  Agent. — Twenty-five  dollars  per  year. 

Costumer — Ten  dollars  per  year. 

Clairvoyant  or  Fortune  Teller. — Fifty  dollars  per  year.  [R. 
0.  1897,  Chap.  43,  Sec.  3]. 

Sec.  621.  Keeper  of  base  ball  park,  grain  dealer  horse  or 
cattle  dealer,  keeper  of  private  venereal  hospital,  hawker,  keeper 
of  laundry,  dealer  in  opera  tickets,  ordinary  or  restaurant,  ice 
cream  parlor  or  dealer  or  oyster  parlor,  photographer,  sale  stable, 
feed  or  boarding  stable,  second  hand  dealer,  wagon  yard  proprie- 
tor, commercial  agency,  wood  dealer  or  agent. — No  person,  firm 
or  corporation  shall  engage  in  or  carry  on,  in  this  city,  any  of  the 
following  trades,  occupations  or  vocations,  to  wit :  Keeper  of 
base  ball  park,  grain  dealer,  horse  or  cattle  dealer,  keeper  of  pri- 
vate venereal  hospital,  hawker,  keeper  of  laundry,  opera  ticket 
dealer,  keeper  of  ordinary  or  restaurant,  ice  cream  parlor  or 
dealer,  oyster  parlor,  photographer,  keeper  of  sale,  feed  or  board- 
ing stable,  dealer  in  second  hand  goods,  wagon  yard  proprietor, 
commercial  agency,  or  wood  dealer  or  agent,  without  a  license 
from  said  city,  and  the  charge  for  such  license  shall  be  respect- 
ively as  follows : 


472  REVISED  ORDINANCES.  CHAP  XXVII. 

Keeper  of  Base  Ball  Park. — Twenty-five  dollars  per  year. 

Grain  Dealer. — Twenty-five  dollars  per  year.  Any  person, 
firm  or  corporation  who  maintains  a  place  of  business  for  the  pur- 
uose  of  buying  or  selling  grain,  whether  such  grain  is  within  the 
city  or  not,  is  hereby  declared  to  be  a  grain  dealer. 

Horse  or  Cattle  Dealer. — Twenty-five  dollars  per  year. 

Private  Venereal  Hospital. — Fifty  dollars  per  year. 

Hawker. — Ten  dollars  per  month  or  fifty  dollars  per  year. 
Any  person  who  engages  in  the  selling  of  goods,  wares  or  mer- 
chandise, or  books,  by  crying  aloud  on  any  street  or  sidewalk, 
vacant  lot  or  other  public  place,  is  hereby  declared  to  be  a 
hawker. 

Keeper  of  a  Laundry. — Twenty-five  dollars  per  year. 

Dealer  in  Opera  Tickets. — Fifty  dollars  per  week.  Any  per- 
son not  in  the  employ  of  the  persons  or  corporations  owning  or 
operating  places  of  public  amusement  in  this  city  who  shall  sell, 
offer  or  keep  for  sale,  or  hawk  for  sale  tickets  of  admission  for 
places  of  public  amusement  is  hereby  declared  to  be  a  dealer  in 
opera  tickets :  Provided,  that  this  shall  not  include  any  person 
who  may  sell  tickets  to  charitable,  benevolent  or  religious  enter- 
tainments, or  for  charitable,  benevolent  or  religious  purposes. 

Keeper  of  Ordinary  or  Eestaurant. — Ten  dollars  per  year.  A 
keeper  of  an  ordinary  is  one  who  sells  or  offers  for  sale  in  house, 
cellar,  booth,  shed  or  stand  any  article  of  meat,  fruit  or  other  food 
to  be  used,  eaten  or  consumed  in  or  at  the  place  of  sale. 

Ice  Cream  Parlor,  or  Oyster  Parlor,  or  Both  — Ten  dollars 
per  year,  payable  semi-annually  on  the  first  day  of  April  and  the 
first  day  of  October  of  each  year.      [G.  0.  883,  Sec.  1,  see  ]. 

Photographer. — Fifteen  dollars  per  year. 

Keeper  of  Sale,  Feed  or  Boarding  Stable  (or  other  place 
where  stock  is  sold  or  kept  for  sale  within  the  city.) — -Fifteen  dol- 
lars per  year. 


LICENSES.  473 

Second  Hand  Dealer. — Fifteen  dollars  per  year. 

Wagon  Yard  Proprietor. — Ten  dollars  per  year. 

Commercial  Agency. — One  hundred  dollars  per  year. 

Wood  Dealer  or  Agent. — Five  dollars  per  year.  Any  person, 
firm  or  corporation  who  shall  engage  in  selling  or  offering  for 
sale,  either  from  a  yard,  car,  wiigon  or  other  place  within  the  city, 
or  for  future  delivery,  wood  which  is  not  the  product  of  his  or 
their  own  land,  is  hereby  declared  to  be  a  wood  dealer  or  wood 
agent.      [R.  0.  1897,  Chap.  43,  Sec.  5]. 

Sec.  622.  Loaning  money  on  chattels. — No  person,  persons, 
company  or  corporation  shall  engage  in  the  business  of  loaning 
money  on  chattels  or  chattel  mortgages  without  a  license  therefor 
from  said  city,  and  the  charge  for  such  license  shall  be  fifty  dollars 
per  year.  The  loaning  of  money  on  chattels  or  chattel  mortgages 
by  any  person,  persons,  company  or  corporation  within  the  mean- 
ing of  this  section  shall  be  taken  and  defined  to  mean  all  persons 
who  carry  on  the  business  of  loaning  to,  procuring  for  or  causing 
to  be  loaned  to,  or  procured  for,  another  person  or  corporation, 
any  money  on  chattels  or  chattel  mortgages,  as  security  for  the 
payment  of  such  loan  or  money,  or  who  carry  on  the  business  of 
endorsing  notes  or  other  instruments,  or  who  cause  to  be  endorsed 
notes  or  other  instruments  to  be  delivered  to  a  third  person  or 
corporation  for  the  purpose  of  procuring  a  loan  for  any  borrower 
who  shall  give  a  chattel  security  or  mortgage  for  such  loan  or 
money.  Any  person,  persons,  company  or  corporation  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  uuilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  fifty  dollars  for  each  offense.  [R.  0.  1897,  Chap. 
43,  Sec.  6]. 

Sec.  623.  Itinerant  vendor  of  drugs,  etc. — Any  itinerant 
vendor  of  any  drugs,  nostrum,  ointment  or  appliance  of  any  kind 
intended  for  the  treatment  of  disease  or  injury,  or  who  shall,  by 
writing  or  printing,  or  any  other  method  publieh^  profess  to  cure 
or  treat  diseases,  injuries  or  deformities,  by  any  drug,  nostrum, 
manipulation  or  other  expedient,  shall  pay  to  the  city  a  license  fee 
of  one  hundred  dollars  per  month,  to  be  collected  as  other  licenses 
are  collected,  and  any  person  engaging  in  such  occupation  without 


474  REVISED  ORDINANCES.  CHAP.  XXVII. 

lirst  having  obtaiued  a  license  tlierefor  shall,  on  conviction,  be 
lined  not  more  than  one  hundred  dollars  for  each  oifense,  and 
each  day  of  such  violation  shall  be  deemed  a  separate  offense. 

I R.  0.  1897,  Chap.  43,  Sec.  7]. 

Sec.  624.  Trading  bank  checks  or  premium  stamp  concerns. 
— No  person  or  association  or  companies  of  persons  or  corporation 
shall  carry  on  or  operate  in  this  city,  in  person  or  by  agent,  a 
"trading  bank  check  or  stamp  concern"  without  a  license  for 
that  purpose,  and  the  charge  for  such  license  shall  be  oi:e  hundred 
(100)  dollars  per  year,  and  no  license  shall  be  issued  for  a  shorter 
period  than  one  year.      [G.  0.  No.  616,  Sec.  1]. 

Sec.  62.3.  Trading-  bank  check  or  premivmi  stamp  concerns — 
definition  of. — Any  person  who  shall  furnish  or  supp'j^  to  mer- 
chants or  others  for  delivery  or  distribution  to  persons  purchasing 
goods,  wares  or  merchandise  from  such  merchant  or  other  person 
any  stamps,  checks  or  coupons  for  a  stated  number  of  which  pre- 
miums or  prizes  are  offered  or  given  in  redemption,  or  any  person, 
merchant,  firm,  association  of  persons  or  corporation  that  shall 
furnish  his  or  its  own  stamps,  checks  or  coupons  to  persons  so 
purchasing  goods,  wares  or  merchandise  from  such  person,  mer- 
chant, firm,  association  of  persons  or  corporation  for  a  stated 
number  of  which  premiums  or  prizes  are  offered  or  given  in  re- 
demption, or  any  person  who  manages,  conducts  or  maintains  a 
room  or  place  for  exhibiting  goods,  wares  or  merchandise  or  sam- 
ples of  goods,  wares  or  merchandise  offered  or  given  in  exchange 
for  such  stamps,  checks  or  coupons  is  hereby  declared  to  be  the 
operator  or  manager  of  a  "trading  bank  check  or  stamp  Concern." 
[G.  0.  579,  Sec.  2]. 

Sec.  626.  Penalty  for  violation. — Any  person  who  shall  vio- 
late Section  8  of  tliis  ordinance  shall,  upon  conviction,  be  fined  two 
hundred  dollars  for  each  offense,  and  each  day  that  such  person 
conducts  or  operates  a  "trading  bank  check  or  stamp  concern" 
without  a  license  shall  constitute  a  separate  offense.  [G.  0.  579, 
Sec.  3]. 

Sec.  627.  Undertakers. — No  person  shall  in  this  ci+y  carry  on 
or  conduct  the  business  of  an  undertaker  without  a  license  there- 
for from  said  city,  and  the  charge  for  such  license  shall  be  fifty 
dollars  per  year.     [G.  0.  624,  Sec.  1]. 


LICENSES.  475 

Sec.  628.  Penalty  for  violation. — Any  person  violating  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  one  hundred  nor  more  than 
two  hundred  dollars  for  each  offense.     [G.  O.  No.  610   Sec.  2]. 

Sec.  629.  Vehicles — Hereafter  no  vehicle  sliall  be  used, 
driven  or  operated  in  or  upon  the  streets,  alleys  or  public  places 
of  this  city  without  a  license  being  paid  for  such  use.  And  by 
reason  of  the  fact  that  the  streets  and  public  places  of  the  city  are 
more  rapidly  worn  and  more  constantly  used  by  some  vehicles 
than  by  others  the  following  schedule  of  license  fees  is  hereby 
fixed  to  be  paid  for  such  use  to  wit : 

Hansom  Cabs — When  drawn  h\  one  horse  or  animal,  $2.00 
per  annnum ;  when  drawn  by  two  or  more  horses  or  animals, 
$3.00  per  annum. 

Hackney  Coaches  (called  in  modern  parlance  Hacks) — When 
drawn  by  one  horse  or  animal,  $2.00  per  annum ;  when  drawn  by 
two  or  more  horses  or  animals,  $3.00  per  annum. 

Carriages — When  drawn  by  one  horse  or  animal,  $2.00  per 
annum ;  when  drawn  by  two  or  more  horses  or  animals.  $3.00  per 
annum. 

Barouches — When  drawn  by  one  horse  or  animal,  $1.50  per 
annum ;  when  drawn  by  two  or  more  horses  or  animals  $3.00  per 
annum. 

Buggies — When  drawn  by  one  horse  or  animal,  $1  00  per  an- 
num :  when  drawn  by  two  or  more  horses  or  animals,  $2.00  per 
annum. 

Wagons  (other  than  job) — When  drawn  by  one  horse  or  ani- 
mal, $1.50  per  annum ;  when  drawn  by  two  horses  or  animals, 
$3.00  per  annum ;  when  drawn  by  three  horses  or  animals,  $4.00 
per  annum ;  when  drawn  by  four  or  more  horses  or  animals,  $5.00 
per  annum. 

Omnibuses — When  drawn  by  one  horse  or  animal,  $3.00  per 
annum ;  when  drawn  by  two  horses  or  animals,  $5.00  per  annum ; 
when  drawn  by  three  horses  or  animals,  $7.00  per  annum :  when 
drawn  by  four  or  more  horses  or  animals,  $10.00  per  annum. 


476  REVISED  ORDINANCES.  CHAP.  XXVII. 

Carts — When  drawn  by  one  horse  or  animal,  $1.00  per  an- 
num :  when  drawn  by  two  or  more  horses  or  animaJs.  $2.50  per 
annum. 

Drays — (Under  this  head  is  included  vehicles  use  J  for  mov- 
ing iron  safes  and  other  heavy  merchandise)  :  When  drawn  by 
one  horse  or  animal,  $3.00  per  annum ;  when  drawn  by  two  horses 
or  animals,  $5.00  per  annum ;  when  drawn  by  three  horses  or  ani- 
mals, $7.00  per  annum;  when  drawn  by  four  or  more  horses  or 
animals,  $10.00  per  annum. 

Job  Wagons — When  drawn  by  one  horse  or  animal  $1.50  per 
annum ;  when  drawn  by  two  horses  or  animals,  $3.00  per  annum ; 
when  drawn  by  three  horses  or  animals,  $5.00  per  annum :  when 
drawn  by  four  or  more  horses  or  animals,  .$7.50  per  annum. 

Tally-ho — When  drawn  by  one  horse  or  animal,  $3.00  per  an- 
num ;  when  drawn  by  two  horses  or  animals,  $5.00  per  annum ; 
w^hen  drawn  by  three  horses  or  animals,  $7.50  per  annum ;  when 
drawn  by  four  or  more  horses  or  animals,  $10.00  per  annum. 

Automobiles — $10.00  per  annum. 

Bicycles — $1.00  per  annum. 

All  other  vehicles  of  whatever  kind,  nature  or  character  not 
hereinbefore  enumerated,  when  drawn  by  one  horse  or  animal, 
$1.00  per  annum  ;  when  drawn  by  two  horses  or  animals,  $2.00  per 
annum ;  when  drawn  by  three  horses  or  animals,  $3.00  per  annum ; 
when  drawn  by  four  or  more  horses  or  animals,  $4.00  per  annum. 
[G.  0.  No.  757,  Sec.  1]. 

Sec.  630.  Vehicles,  tag  required. — No  person  shall  use  or 
drive  any  vehicle  required  by  this  ordinance  to  be  licensed,  or 
knowinglj'-  cause  or  permit  the  same  to  be  used  or  driven  through, 
in  or  upon  the  streets  or  public  places  of  the  city  unless  a  license 
for  the  same  has  been  procured  ;ind  a  metal  tag  or  plate  conspic- 
uously fastened  upon  the  right  side  of  the  vehicle  so  liceused  and 
kept  so  fastened.      [G.  0.  No.  757,  See.  2] . 


LICENSES.  477 

Sec.  631.  Penalty. — Any  person  failing,  neglecting  or  refus- 
ing to  comply  with  any  provision  or  regulation  of  this  ordinance 
shall,  upon  conviction  thereof,  before  the  police  juCge  be  ad- 
judged guilty  of  a  misdemeanor  and  shall  be  fined  not  to  exceed 
two  hundred  dollars  ($200.00),  and  each  day  that  any  person 
fails,  neglects  or  refuses  to  comply  with  any  provision  of  this  ordi- 
nance shall  be  deemed  and  taken  to  be  a  separate  and  distinct  of- 
fense.    [G.  0.  No.  757,  Sec.  3]. 

Sec.  632.  Vehicles — duty  of  auditor. — Such  licenses  shall  be 
issued  by  the  city  auditor  and  such  metal  tags  or  plates  shall  be 
furnished  by  the  auditor  at  the  expense  of  the  city,  and  shall  be 
numbered  consecutively  and  stamped  with  the  word  which  ap- 
proximately designates  the  vehicle  to  which  same  is  to  be  at- 
tached. All  licenses  issued  under  the  provisions  of  this  ordinance 
shall  expire  on  the  first  day  of  July  next  succeeding  the  date  of 
issue  of  such  license.  That  all  licenses  be  prorated  from  the  pas- 
sage of  this  ordinance  until  July  1,  1902,  and  thereafter  all  li- 
censes shall  be  taken  out  for  one  year.      [G.  0.  No.  757    Sec.  4]. 

Sec.   633.     Vehicles — fund  derived  from — how  expended. — 

The  funds  derived  from  the  licenses  herein  provided  for  shall  be 
appropriated,  expended  and  used  only  for  the  maintenance  and 
repair  of  the  streets  and  alleys  of  the  city  of  St.  Joseph.  [G.  O. 
No.  757,  Sec.  5]. 

Sec.  634.  Vehicles — non-residents. — This  ordinance  shall  not 
apply  to  persons  non-resident  of  the  city,  and  not  doing  business 
therein,  but  temporarily  visiting  in  the  city.      [G.  0.  No.  757,  Sec. 

6]. 

Sec.  635.  Bakery — license. — No  person  shall  carry  on  any 
bakery  in  this  city  without  a  license  therefor,  and  the  charge  for 
such  license  shall  be  ten  dollars  per  year.  [R.  0.  189/,  Chap.  8, 
See.  1]. 

Sec.  636.  Banks. — No  person  shall  carry  on,  or  take  part  in 
carrying  on,  the  business  of  a  banking  corporation,  association  or 
institution  without  a  license  therefor  from  said  cit>  and  the 
charge  for  such  license  shall  be  as  follows :  For  all  su^h  banking 
corporations,  associations  or  institutions,  and  for  the  privilege  of 


478  REVISED  ORDINANCES.  CHAP.  XXVII. 

carrying  on  the  business  of  the  same,  there  shall  be  paid  to  said 
city  an  annual  license  the  sum  of  seventy-five  dollars.  [R.  0. 
1897,  Chap.  9,  Sec.  1] . 

Sec.  637.  Abstracter. — No  person,  firm  or  corporation  shall 
engage  in  or  carry  on  the  business  of  an  abstracter  of  titles  with- 
out a  license  therefor  from  said  city,  and  the  chargo  therefor 
shall  be  twenty  dollars  per  year.      [R.  0.  1897,  Chap.  1   Sec.  1]. 

Sec.  638.  Enlarg"ing  pictures  or  photographs — license. — No 
person  shall  in  this  city  carry  on  or  engage  in  the  occupation  of 
enlarging  pictures  or  photographs,  or  soliciting  orders  for  enlarg- 
ing pictures  or  photographs,  to  be  done  by  himself  or  others,  with- 
out a  license  therefor,  and  the  charge  for  such  license  shall  be 
fifteen  dollars  per  year.      |  R.  0.  1897,  Chap.  58,  Sec.  1].  ■ 

Sec.  639.  Livery  stables. — It  sliall  not  be  lawful  for  any  per- 
son, firm  or  corporation  to  carry  on  or  conduct  the  business  of  a 
livery  stable  in  this  cit}''  without  a  license  therefor,  and  the  charge 
for  such  license  shall  be  twenty-five  dollars  per  year,  and  no 
license  shall  be  issued  for  a  less  period  than  one  year.  Such 
license  shall  permit  the  doing  of  a  regular  livery  business,  includ- 
ing the  boarding  of  horses,  but  shall  not  be  held  to  permit  the 
running  thereunder  of  a  regular  street  hack,  hackney  carriage  or 
omnibus.      [R.  0.  1897,  Chap.  44,  Sec.  1]. 

Sec.  640.  Same — penalty. — Any  person  violating,  failing, 
neglecting  or  refusing  to  comply  with  any  provision,  regulation  or 
requirement  of  the  preceding  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  one  dollar  nor  more  than  twenty-five  dollars.  [R.  0.  1897, 
Chap.  44,  Sec.  2]. 

Sec.  641.  Peddler  defined. — Every  person  who  shall  sell  or 
offer  any  goods,  wares,  merchandise  or  other  things  or  articles  of 
value  for  sale,  barter  or  exchange,  at  any  place  in,  upon,  along  or 
through  the  streets,  avenues  or  alleys  by  going  from  place  to 
place  to  sell  or  dispose  of  the  same  shall  be  deemed  a  peddler.  [R. 
0.  1897,  Chap.  57,  Sec.  1]. 


LICENSES.  479 

Sec.  642.  License  required. — It  shall  not  be  lawful  for  any 
peddler  to  exercise  his  calling  within  the  limits  of  the  city  of  St. 
Joseph  without  a  license  therefor  from  said  city.  Any  person 
violating  this  section  shall,  upon  conviction,  be  fined  not  more 
than  ten  dollars  for  each  offense,  and  each  sale  or  attempt  to  sell 
shall  constitute  a  separate  offense.      [R.  0.  1897,  Chap.  57,  Sec.  2]. 

Sec.  643.  Amounts  charged  therefor. — The  charge  for  a 
peddler's  license  shall  be  as  follows: 

First — Peddler  of  merchandise  tlfty  dollars  per  year,  or  ten 
dollars  for  one  month.  The  word  "merchandise"  shall  be  con- 
strued to  mean  any  article  to  be  found  in  any  branch  of  the  mer- 
cantile business,  or  any  article  that  may  be  classed  as  goods, 
wares  or  merchandise. 

Second — Peddlers  of  ice  cream,  lunches  or  popcorn,  ten  dol- 
lars per  annum,  payable  semi-annually. 

Third — Peddlers  of  fish,  fifty  dollars  per  year. 

Fourth — Peddler  of  lightning  rods,  one  hundred  dollars  per 
year. 

Fifth — Peddler  of  horseradish  or  hominy  or  both,  two  and 
one-half  dollars  per  year.      [G.  0.  No.  609,  Sec.  3j. 

Sec.  644.  Non-resident  canvassers,  license  for. — No  person 
not  a  resident  of  St.  Joseph  shall  engage  in  the  business  of  selling 
goods,  wares  or  merchandise  at  retail  within  said  city  when  so- 
liciting orders  for  the  sale  of  same  at  the  hotels  or  other  stated 
places,  or  by  canvassing  from  house  to  house  in  said  city  without 
first  obtaining  a  license  therefor  as  herein  prescribed;  and  any 
person  violating  the  terms  of  this  section  and  failing  to  so  obtain 
a  license  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  pay  a  fine  of  not  more  than  two  hundred  dollars 
($200.00)  for  everj^  day  he  engages  in  soliciting  orders  for  or  sell- 
ing goods,  wares  and  merchandise  as  hereinbefore  described  with- 
out first  having  obtained  a  license  therefor  as  herein  prescribed, 
which  said  license  shall  be  in  the  sum  of  fifty  doUars  ($50.00)  for 


480  REVISED  ORDINANCES.  CHAP.  XXVII. 

each  and  every  day  such  non-resident  is  so  engaged  as  aforesaid, 
and  shall  be  issued  by  the  same  officers  and  in  the  same  manner  as 
other  licenses  are  now  issued.     [G.  O.  No.  822,  Sec.  1] . 

Sec.  615.  Peddling  of  fresh  meats  prohibited,  when. — The 
peddling  of  fresh  meats  is  hereby  prohibited  except  in  the  months 
of  November,  December,  January  and  February  of  each  year, 
and  the  charge  for  a  license  for  such  period  of  four  months  shall 
be  twenty-five  dollars.  No  license  for  the  peddling  of  fresh  meats 
shall  be  issued  for  a  less  sum  then  twenty-five  dollars:  provided, 
that  this  section  shall  not  prevent  the  sale  by  farmers  or  persons 
living  in  the  country  who  bring  and  sell  their  own  meat 
slaughtered  by  themselves,  and  sell  it  from  the  wagon  in  the  city. 
[R.  O.  1897,  Chap.  57,  Sec.  4]. 

Sec.  646  Storage  house. — No  person,  firm  or  corporation 
shall  engage  in  or  carry  on  the  business  of  keeping  a  storage  house 
within  this  city  without  first  having  obtained  a  license  therefor, 
and  the  charge  for  such  license  shall  be  twenty-five  dollars  per 
year.  Any  person,  firm  or  corporation  who  receives  or  adver- 
tises to  receive  goods,  wares,  merchandise,  household  goods  or 
other  personal  property  to  be  stored  and  kept  for  the  owner  or 
other  person  for  pay  or  compensation  shall  be  deemed  a  keeper 
of  a  storage  house.     [R.  0.  1897,  Chap.  71,  Sec.  1]. 

Sec.  647.    Express  or  telegraph  company  must  have  license. 

— It  shall  not  be  lawful  for  any  express  or  telegraph  company,  or 
its  agency,  to  transact  any  express  or  telegraph  business  within 
the  limits  of  the  city  of  St.  Joseph  without  first  having  obtained  a 
license  therefor  according  to  the  provisions  of  this  ordinance  un- 
der penalty  of  not  less  than  one  hundred  dollars  nor  iuore  than 
five  hundred  dollars  for  each  offense.  [R.  O.  1897,  Chap.  73, 
Sec.  1]. 

Sec.  648.  Same — license. — Every  express  and  telegraph 
company,  or  agency,  doing  an  express  or  telegraph  business  in  the 
city  of  St.  Joseph,  shall  pay  to  the  city  collector  for  the  use  of 
said  city  for  a  license  to  transact  such  express  or  telegraph  bus- 
iness the  sum  of  one  hundred  and  fifty  dollars  per  annum;  and 
every  license  issued  under  the  terms  of  this  chapter  shall  expire 
on  the  first  day  of  January  next  following  the  date  of  its  issue. 
[R.  0.  1897,  Chap.  73,  Sec.  2]. 


LICENSES.  481 

Sec.  649.  Property  of  to  be  taxed. — Each  and  every  express 
and  telegraph  company,  or  agency  therefor,  transacting  business 
in  the  city  of  St.  Joseph,  in  addition  to  the  license  provided  for  in 
this  chapter,  shall  be  taxed  upon  the  assessed  value  of  ad  real  and 
personal  property  owned  b3^  any  such  express  or  telegraph  com- 
panies within  the  limits  of  said  city.  [R.  0.  1897,  Chap.  73, 
Sec.  3]. 

Sec.  650.  The  word  '  *  person ' '  defined. — The  word  '  *  person, ' ' 
wherever  used  herein,  shall  iuclude  the  plural  number  and  cor- 
poration in  all  cases  where  the  words  corporation  or  corporations 
are  not  used.      [R.  0.  1897,  Chap.  43,  Sec.  8]. 

Sec.  651.  Term  of  licerse,  etc. — All  licenses  issued  by  this 
city  shall  terminate  and  expire  one  year  from  the  time  such  bus- 
iness was  commenced,  or  in  case  of  a  renewal  one  year  from  ex- 
piration of  the  former  license,  except  when  it  is  especially  pro- 
vided for  a  shorter  period  than  one  year.  The  date  of  expira- 
tion, together  with  the  date  of  issue  and  the  name  and  address  of 
the  licensee,  shall  be  plainly  written  in  the  license  and  no  license 
shall  be  issued  for  a  less  sum  than  two  and  one-half  dollars.  Any 
license  issued  contrary  to  the  provisions  herein  contained  shall 
be  deemed  void.     [R.  0.  1897,  Chap.  43,  Sec.  9]. 

Sec.  652.  All  licenses  to  be  posted. — It  is  hereby  made  the 
duty  of  all  persons,  companies  or  corporations  doing  business  in 
this  city,  and  required  under  the  ordinances  of  the  city  to  take 
out  a  license  therefor,  to  post  such  license  in  a  conspicuous  place 
at  their  place  of  business.  Provided,  that  any  person  engaged  in 
any  calling  not  requiring  a  settled  place  of  basincss  shall  carry 
his  license  with  him  while  engaged  in  the  transaction  of  such 
business,  or  have  it  readily  accessible  when  called  upon  to  show  it 
by  any  police  or  other  officer  of  the  city.  Any  nerson,  company 
or  corporation  who  shall  fail,  neglect  or  refuse  to  comply  with  the 
provisions  of  this  section  shall,  upon  conviction,  be  fined  in  a  sum 
not  exceeding  five  dollars.     [R.  0.  1897,  Chap.  43,  Sec.  10]. 

Sec.  653.     Inspector  of  licenses  must  keep  a  record,  etc. — The 

inspector  of  licenses,  weights  and  measures  siiall  keep  a  book 
containing  a  complete  and  perfect  record  of  all  licenses  issued, 
showing  the  nature  of  the  license,  its  date,  expiration  and  to  whom 

31 


482  REVISED  ORDINANCES.  CHAP.  XXVII. 

issued.  In  order  that  said  record  shall  be  complete  and  perfect 
the  city  auditor  shall  furnish  said  inspector,  at  the  end  of  every 
week,  a  complete  list  of  all  licenses  issued  during-  each  week. 
showing  the  nature  of  the  license,  its  date,  expiration  and  to 
whom  issued.  At  the  end  of  each  month  both  said  auditor  and 
.said  inspector  shall  furnish  the  city  attorney  a  list  of  all  persons 
delinquent  in  license  dues.     [E.  0.  1897,  Chap.  43,  Sec   11]. 

Sec.  654.  License  must  be  paid  for. — The  city  auditor  shall 
not  furnish  any  license  until  the  party  applying  for  the  same 
shall  have  paid  into  the  city  treasury  the  sum  of  money  charged 
therefor  by  ordinance.      [R.  0.  1897,  Chap.  4-3,  Sec.  12]. 

Sec.  655.  Treasurer  must  give  receipt. — Tlie  cit>  treasurer 
shall,  upon  payment  to  him  of  the  charge  for  any  license,  give  a 
receipt,  stating  the  amount  paid,  the  nature  of  the  license  desired, 
for  what  time  and  to  whom  to  be  issued.  The  receipt  shall  be 
delivered  to  the  city  auditor,  who  shall  at  once  issue  to  the  proper 
party  the  license  desired.     [R.  0.  1897,  Chap.  43,  Sec.  13]. 

Sec.  656.  License  to  be  signed  by  auditor. — All  licenses  shall 
be  signed  by  the  city  auditor  and  countersigned  by  the  city  comp- 
troller, and  shall  be  invalid  for  all  purposes  until  so  signed  and 
countersigned.  The  comptroller  shall  prescribe  the  form  of  all 
licenses.      [R.  0.  1897,  Chap.  43,  Sec.  14]. 

Sec.  657.  Auditor  to  keep  record  of  licenses. — The  auditor 
shall  keep  a  register  of  all  licenses,  showing  their  nature,  date, 
expiration  and  to  whom  issued.      [R.  O.  1897,  Chap.  43,  Sec.  15]. 

Sec.  658.  Auditor  shall  preserve  receipts. — The  auditor  shall 
presei-ve  the  receipts  given  by  the  treasurer  for  charges  j^aid  for 
licenses,  and  shall  immediately  charge  the  treasurer  with  the 
amount  of  such  receipts.      [R.  O.  1897,  Clia|).  43,  Sec.  16]. 

Sec.  659.  May  be  issued  to  two  or  more  jointly. — A  license 
may  be  issued  to  any  coi-poi-ation,  association  or  partnership,  or 
to  two  or  more  jiei'sons  engaged  in  any  joint  enterprise,  the  same 
as  to  a  single  person  and  for  the  same  charge.  [R.  0.  1897,  Chap. 
43,  Sec.  17]. 


LICENSES.  483 

Si'X'.  660.  Will  protect  employe,  when. — Licenses  in  favor  of 
employers  shall  i:)roteet  the  employe  of  the  person,  partnership, 
association  or  corporation,  including  officers  of  corporations  en- 
gaged b}^  the  licensee  or  licensees  in  conducting  or  carrying  on  the 
business,  trade  or  vocation  licensed,  at  the  place  named  in  the 
license,  except  where  such  employe  receives  compensation  other 
than  a  regular  salary.      [R.  0.  1897,  Chap.  43,  See.  18]. 

Sec.  661.  Shall  specify  location — how  transferable. — All 
licenses  hereafter  issued  under  any  ordinance  of  this  city  shall 
state  the  street  and  street  number  or  locality  where  business  is 
authorized  to  be  carried  on  under  such  licenses,  and  the  same  can 
only  be  used  by  the  party  or  parties  to  whom  issued :  Provided, 
that  whenever  a  party  to  whom  such  license  may  be  issued  shall 
sell  his  stock  and  business  in  good  faith  he  may,  with  the  ap- 
proval of  the  license  inspector,  transfer  the  license  to  the  pur- 
chaser, who  can  use  such  assigned  license  only  at  the  stand  or 
place  mentioned  therein ;  the  license  inspector  shall  report  all 
such  transfers  to  the  auditor  and  comptroller,  who  shall  keep  a 
record  of  all  transfers.      [R.  0.  1897.  Chap.  43,  Sec.  19]. 

Sec.  662.  Penalty  for  violating,  etc. — Any  person  who  shall 
violate,  fail,  neglect  or  refuse  to  comply  with  any  provJij^on,  regu- 
lation or  requirement  herein  contained  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shali,  i]i  case  the 
defendant  is  prosecuted  for  having  failed  to  take  out  and  have  a 
license  authorizing  such  person  to  conduct  such  business  or  avo- 
cation, be  fined  in  a  sum  not  less  than  the  smallest  amount  herein 
required  to  be  paid  to  procure  such  license,  except  where  other, 
wise  specifically  provided,  and  in  any  other  case  where  no  special 
penalty  is  provided  a  sum  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars ;  provided,  that  whenever  any  person  shall 
be  brought  before  the  judge  of  the  police  court  charged  with 
carrying  on  any  business  or  avocation  herein  specified  without 
having  a  license  therefor,  and  such  person  shall  after  his  arrest 
procure  the  license  required,  and  shall  enter  a  plea  of  guilty  to 
such  charge,  said  judge  shall,  in  addition  to  costs,  enter  a  fine 
against  said  person  of  not  to  exceed  twenty-five  dollars..  [R.  0, 
1897,  Chap.  43,  Sec.  20]. 


484 


REVISED  ORDINANCES. 


CHAP.  XXVIII. 


CHAPTER    XXVIII. 

MARKETS. 


Article 

I.     Markets;   regulationd  for. 


Article 

II.     Market  master. 


ARTICLE    I. 


MARKETS— REGULATIONS  FOR. 


and     location     of 


Section 

663.     Designation 

markets. 
Market  master  to  keep  plat  of 

premises. 
Public   buildings    committee    to 

fix  rental  of  stalls,  etc. 
Market  stalls,  etc.,  time  of  let- 
ting. 
Market  spaces  limited. 
Market  stalls,   cleaiilmess  of  to 

be   enforced. 
Use    of    certain    lights   and    oils 

prohibited   in    cit>    hall. 
Lease      adjudged      forfeited, 

when. 
Penalty  for  occupying  forfeited 

stall. 
Market,  open  when. 


€64. 


66£ 


■666. 


667. 
•668. 


669. 


€70. 


671. 


672. 


meats,     sale    of 


Section 
673.     Unwholesome 

prohibited. 
Killing    and    dressing    animals, 

throwing  of  offal,   etc. 
No   "gut  fat,  '  heads  or  shanks 

permitted  at,  etc. 
Lessees  only  to  sell  fresh  meat, 

etc. 
Stalls  to  be  painted  and  white- 
washed. 
Vegetable  stands. 
Vehicle    to    stand    as    directed; 

price  for  each  attendance. 
Hay  market. 
Same;     vehicles     to     stand     as 

directed,  fees,  etc. 
Penalty. 


674. 


675. 


676. 


677. 


67S. 
679. 


680. 
681. 


682. 


Sec.  663.  Markets — designation  and  location  of. — The  west 
half  of  block  number  thirty-one,  in  the  original  town,  now  city 
of  St.  Joseph,  designated  as  the  Market  Square  on  the  plat  of 
said  town,  together  with  the  buildings  thereon,  are  constituted 
and  established  as  the  Central  market;  the  east  half  of  block  num- 
ber thirty-seven,  in  Patee's  addition,  designated  as  market  place 
■on  the  plat  of  said  addition,  together  with  the  buildings  thereon, 
are  constituted  and  established  as  the  Patee  market.  [R.  0.  1897, 
€hap.  45,  Art.  1,  See.  1] . 

Sec.  664.  Market  master  shall  keep  plat. — The  market  mas- 
ter shall  keep  a  plat  of  the  Central  Market  premi;ies,  desig- 
nating on  said  plat  the  space  to  be  occupied  by  wagons  severally, 
and  stands  and  stalls  outside  and  within.  [R.  O.  1897,  Chap.  45, 
Art.  1,  Sec.  2]. 


ART.  I.  MARKETS.  485 

Sec.  665.     Public  buildings  committee  to  fix  rental  of  stalls, 

etc. — The  committee  on  public  buildings  before  the  first  Monday 
in  June  of  each  year  shall  meet  and  fix  the  rental  of  each  space, 
stand  or  stall  designated  on  the  plat  of  said  premises  and  furnish 
the  market  master  and  comptroller  each  a  schedule  of  such  rent- 
als.     [R.  0.  1897,  Chap.  45,  Art.  1.  Sec.  3]. 

Sec.  666.     Market  stalls,  etc. — when  offered  for  lease. — At  10 

0  'clock  a  m.  on  the  third  Monday  in  June  of  each  year  the  market 
master  shall  offer  for  lease,  publicly,  on  the  premises  at  such  prices 
as  may  be  fixed  in  the  schedule  furnished  by  the  committee  on 
public  buildings  the  several  spaces,  stands  or  stalls  designated  on 
the  market  master's  plat.  Every  person  leasing  any  space,  stall 
or  stand  shall,  in  all  cases,  be  required  to  pay  their  rent  monthly 
in  advance.  No  lease  shall  be  construed  to  authorize  any  other 
person  except  the  lessee  to  occupy  such  stall  or  stand,  nor  shall 
the  same  be  transferable.      [R.  0.  1897,  Chap.  -15,  Art.  1,  Sec.  4]. 

Sec.  667.  Market  spaces  limited.^The  use  of  more  than 
three  feet  of  space  next  to  the  building  by  occupants  of  stalls  in 
the  market  house,  and  of  more  than  four  feet  of  space  of  sidewalk 
next  to  the  curbing  by  renters  of  wagon  stalls  adjoining  for  the 
display  of  produce,  goods,  wares  or  merchandise  of  any  kind  is 
hereby  prohibited.     [R.  0.  1897,  Chap.  45,  Art.  1,  Sec.  5]. 

Sec.  668.  Market  stalls — cleanliness  to  be  enforced. — The 
occupants  of  all  places,  stalls  or  stands  in  the  market  building 
shall  keep  the  same  in  a  clean  and  sanitary  condition,  shall  not 
permit  the  accumulation  of  filth  or  rubbish,  and  siiall  not  keep 
live  fowls  or  animals  therein,  nor  any  other  offensive  matter 
whatever.  The  market  master  is  required  to  enforce  the  provis- 
ions of  this  section,  and  any  such  occupart  failing  to  comply  with 
the  orders  of  the  market  master  in  purs  lance  of  this  ordinance 
shall  be  guilty  of  a  misdemeanor,  and,  in  addition  to  any  fine  that 
may  be  imposed  on  him,  shall  be  subject  to  ejectment  from  said 
market  building.      [G.  0.  No.  828,  Sec.  6]. 

Sec.  669.  Use  of  certain  lights  and  oils  prohibited  in  city 
hall. — All  persons  occupying  the  city  hall  or  market  bourse,  or 
any  of  the  stalls  or  buildings  appurtenant  thereto,  are  prohibited 
from  using  any  artificial  lighting  in  or  about  said  building  or  on 


486  REVISED  ORDINANCES.  CHAP.  XXVIII 

said  premises,  excepting  gas  and  electricity,  and  any  such  person 
shall  not  hereafter  keep  on  the  said  premises  for  any  purpose 
whatever  any  oils  for  lighting  purposes  or  for  sale,  such  as  gaso- 
line, coal  oil,  petroleum  or  the  various  products  of  petroleum.  Any 
person  violating  this  section  shall  be  punished  by  a  fine  of  not 
exceeding  fifty  dollars.      [G.  0.  No.  761,  Sec.  1] . 

Sec.  670.  Lease  adjudged  forfeited,  when. — If  the  less.ee  of 
any  stall  or  stand  shall  be  twice  convicted  of  violating-  any  ordi- 
nance or  any  lawful  rule  or  regulation  of  the  market  master  in  re- 
lation to  markets  his  lease  shall  be  adjudged  forfeited;  and  it 
shall  be  the  duty  of  the  market  master  to  take  possession  of  the 
same  in  behalf  of  the  city  and  to  lease  the  same  for  the  unex- 
pired term.      [R.  0.  1897.  Chap.  45,  Art.  1,  Sec.  7]. 

Sec.  671.  Occupying  forfeited  stall — penalty. — If  any  lessee 
of  any  stand  or  stall  whose  lease  shall  have  been  forfeited,  or  any 
other  person  without  a  lease  or  permission  as  herein  provided 
shall  hold,  use  or  occupy  any  stall  or  stand  in  any  market  in  said 
city  he  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  for 
each  and  every  day  he  shall  use  or  occupy  such  stall  or  stand. 
[R.  0.  1897,  Chap.  45,  Art.  1,  Sec.  8] . 

Sec.  672.  Market  kept  open,  when. — Each  market  shall  be 
kept  open  from  the  dawn  of  the  day  until  ten  o'clock  a.  m.  during 
the  months  of  April,  May,  June,  July,  August  and  September, 
and  until  eleven  o'clock  a.  m.  during  the  months  of  October,  No- 
vember, December,  January,  February  and  March  of  each  day  in 
the  week,  except  Sunday,  and  may  be  open  from  four  o'clock  till 
eight  o'clock  in  the  afternoon  on  Satui'day.  and  the  market  master 
shall  announce,  by  the  ringing  of  a  bell,  the  closing  of  the  market 
house,  at  least  ten  minutes  before  the  time  of  closing.  [R.  O. 
1897,  Chap.  45,  Art.  1,  Sec.  9]. 

Sec.  673.  Unwholesome  meats,  sale  of  prohibited — No  per- 
son shall  expose  for  sale,  in  any  market  or  elsewhere  in  said  city, 
any  emaciated,  tainted  or  putrid  meat,  or  the  flesh  of  aiiy  diseased 
animal,  or  provisions  wbi<'li,  from  these  or  other  causes,  may  be 
deemed  unwholesome,  uiulei-  a  penalty  of  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars;  and  the  unvMiolesome 
meat  or  other  i)i'ovisions  so  ex])osed  for  sale  shall,  without  delay, 
upon  view  of  the  market  master,  be  seized  and  destr,jyel.  [R.  O. 
1897,  Chap.  45,  Art.  1,  Sec.  10] . 


ART.  I.  MARKETS.  487 

Sec.  674.  Killing  and  dressing  animals,  throwing  of  offai, 
etc. — No  person  shall  kill  or  dress  any  animal  or  fowl  in  any 
market,  or  throw  or  permit  any  bones,  filth,  slop,  offal,  water  or 
other  liquid,  or  other  substance,  to  be  thrown  out  of  the  doors 
or  windows  or  around  any  market  (except  in  places  which  may 
be  provided  for  the  purpose),  or  sweep  or  deposit  any  dirt  or 
tilth  of  any  description  in  or  upon  any  passageway  in  any  market 
or  in  or  upon  the  streets  adjacent  thereto.  [R.  0.  1897,  Chap. 
45,  Art.  1,  Sec.  11]. 

Sec.  675.     No  "gut  fat,"  heads  or  shanks  permitted  at,  etc. 

— No  person  shall,  between  the  first  day  of  May  and  first  day  of 
November  in  any  year,  bring  into  or  place,  or  suffer  or  permit  to 
be  brought  into  or  placed,  in  any  market,  any  untried  fat,  com- 
monly called  gut  fat,  nor  at  any  time  or  season  the  heads,  shanks 
or  feet  of  any  animal,  unless  the  same  be  skinned  or  properly 
cleansed,  nor  any  hides  or  skins  of  any  kind,  except  the  hides  of 
calves  (these  shall  be  removed  from  the  market  as  soon  as  taken 
from  the  veal),  under  a  penalty  of  not  less  than  five  dollars  for 
each  offense.      [R.  O.  1897,  Chap.  45,  Art.  1,  Sec.  12]. 

Sec.  676.  Lessees  only  to  sell  fresh  meat,  etc.— No  person 
other  than  lessees  of  butchers'  stalls  shall  sell  or  oftVr  for  sale 
in  market  any  fresh  meat,  except  venison,  in  less  quantities  than 
one  quarter.      [R.  O.  1897,  Chap.  45,  Art.  1,  Sec.  13]. 

Sec.  677.  Stalls  to  painted  and  whitewashed. — The  lessees 
of  the  butchers'  stalls  shall  each  cause  his  stall  to  be  painted, 
and  the  walls  thereof  to  be  whitewashed,  at  least  once  in  each 
year.      [R.  0.  1897,  Chap.  45,  Art.  1,  Sec.  14]. 

Sec.  678.  Vegetable  stands. — Every  occupant  of  a  vegetable 
or  other  stand  shall,  within  thirty  minutes  after  the  ringing  of 
the  bell  for  the  close  of  market,  cause  all  articles  exposed  for 
sale  at  such  stand  to  be  removed  therefrom  and  all  off'al  and  rub- 
bish to  be  removed  from  the  market,  and  all  butchers  shall  cause 
their  tables  and  meat  blocks  to  be  thoroughly  scraped  and 
cleaned,  and  no  vehicle  shall  be  permitted  to  remain  on  the 
market  after  the  close  of  market  hours,  except  by  permission  of 
the  market  master.     [R.  O.  1897,  Chap.  45,  Art.  1,  Sec.  15]. 


488  REVISED  ORDINANCES.  CHAP.  XXVIII. 

Sec.  679.  Vehicles  to  stand  as  directed — price  for  each  at- 
tendance.—All  vehicles  iu  which  articles  are  brought  to  market 
and  exposed  for  sale,  shall  stand  in  such  order  and  manner  as 
the  market  master  may  direct.  Every  person  attending  the 
central  market  with  a  wagon  or  other  vehicle,  occupying  space 
on  said  market,  or  who  shall  occupy  parts  of  tables  and  stands 
under  the  direction  of  the  market  master,  for  the  purpose  of 
selling  fruits,  vegetables,  game,  poultry,  fish,  eggs,  butter,  lard 
or  other  provisions,  or  farm  or  garden  products,  shall  each  pay 
to  said  market  master,  for  the  use  of  the  city,  the  sum  of  ten  cents 
for  each  market  attendance.  [R.  0.  1897,  Chap.  45,  Art.  1, 
Sec.  16]. 

Sec.  680.  Hay  market,  location  of. — The  north  half  of  La- 
fayette street,  between  Tenth  street  and  the  alley  dividing  block 
87,  Patee's  addition,  and  the  west  half  of  Tenth  street  for  a  dis- 
tance of  one  hundred  and  thirty-five  feet  north  of  Lafayette 
street,  is  hereby  designated  as  a  hay  market.  [R.  0.  1897,  Chap. 
45,  Art.  1,  Sec.  17]. 

Sec.  681.     Same;  vehicles  to  stand  as  directed,  fees,  etc. — 

All  vehicles  in  which  hay,  grain,  feed  or  country  produce  of  any 
kind  are  brought  to  Patee  market  and  exposed  for  sale,  shall 
stand  in  such  order  and  manner  as  the  weighmaster  shall  direct, 
and  unless  said  vehicle  with  its  contents  is  weighed  on  the  city 
scales  on  said  market,  the  owner  or  driver  or  other  person  in 
charge  thereof,  shall  pay  to  said  weighmaster,  for  the  use  of  the 
city,  the  sum  of  ten  cents  for  each  attendance  at  the  market. 
Any  driver,  owner  or  person  in  charge  of  any  such  vehicle,  fail- 
ing or  refusing  to  comply  with  the  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  one  dollar  nor  more 
than  twenty-five  dollars.      [R.  0.  1897,  Chap.  45,  Art.  1,  See.  18]. 

Sec.  682.  Penalty. — Any  person  who  shall  fail  or  neglect  to 
comply  with  any  or  either  of  the  foregoing  requirements  of  this 
ordinance,  or  who  shall  violate  any  section,  clause  or  provision  of 
any  of  the  preceding  sections  thereof  where  no  penalty  is  espec- 
ially imposed,  shall  on  conviction,  pay  a  fine  of  not  less  than  two 
dollars  nor  more  than  one  hundred  dollars.  [R.  0.  1897.  Chap. 
45,  Art.  1,  Sec.  19] .  ' 


ART.  II. 


MARKET  MASTER. 


489 


ARTICLE      II. 


MARKET  MASTER. 


Section 

683.  Appointment;     term    of    office; 

bond. 

684.  General  duties  of. 

685.  Market  master  must  report. 


Section 

686.  To  weigh  articles;    exposed  for 

sale. 

687.  Police  powers  of. 


Sec.  683.  Market  master,  appointment  of. — There  shall  be 
appointed  in  the  city  of  St.  Joseph,  by  the  mayor  thereof,  subject 
to  confirmation  by  a  majority  of  the  common  council,  an  officer 
to  be  styled  market  master  of  the  Central  Market,  who  shall  hold 
his  office  for  a  term  of  two  years  and  until  his  successor  is  duly 
appointed  and  qualified,  and  who  shall  receive  such  compensation 
for  his  services  as  may  by  ordinance  be  prescribed,  and  who  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a  bond  to  the 
city  of  St.  Joseph,  in  the  penal  sum  of  one  thousand  dollars 
($1,000.00)  conditioned  for  the  faithful  performance  of  the  duties 
of  said  office.     [G.  0.  No.  568,  See.  1] . 


Sec.  684.  General  duties  of,  etc. — It  shall  be  the  duty  of 
said  market  master  to  attend,  either  in  person  or  by  deputy,  at 
the  market  every  day  during  market  hours ;  to  exercise  a  gen- 
eral supervision  over  the  market,  and  to  enforce  all  ordinances, 
rules  and  regulations  that  may  from  time  to  time  be  established 
for  the  government  thereof;  to  enforce  order  and  decide  all  dis- 
putes which  may  arise  between  buyer  and  seller  touching  the 
weight  and  measure  of  any  article :  to  superintend  the  cleaning 
of  the  market  and  cause  the  same  to  be  sprinkled  with  water, 
whenever  it  shall  be  necessary  to  prevent  and  lay  the  dust ;  to 
examine  the  weight  and  quantity  of  all  articles  exposed  for  sale, 
and  seize  all  which  are  of  less  weight  or  quantity  than  represented 
by  the  seller,  and  upon  such  seizure,  to  expose  the  sanie  for  sale 
at  public  outcry  in  the  market,  and  pay  the  proceeds  of  said  sale 
into  the  city  treasury;  to  collect  all  rents  for  stalls,  stands  and 
tables,  and  to  pay  all  moneys  received  by  him  on  account  of  the 
city  into  the  city  treasury  on  the  first  day  of  each  month.  [G.  O. 
No.  898,  Sec.  2]. 


499  REVISED  ORDINANCES.  CHAP.  XXVIII. 

Sec.  685.  Market  master  shall  report  monthly. — The  market 
shall,  on  the  first  day  of  each  mouth,  make  a  report  to  the  city 
comptroller  of  the  business  of  his  office  during  the  month  pre- 
ceding, showing  the  total  amount  of  fees  collected  by  him,  to- 
gether with  such  other  facts  as  the  comptroller  may  require. 
[R.  0.  1897,  Chap.  45.  Art.  1,  Sec.  3]. 

Sec.  686.  Shall  weigh  articles,  when. — The  market  master 
shall  keep  suitable  scales  and  measures  to  be  duly  sealed  by  the 
inspector  of  weights  and  measures,  and,  whenever  requested,  shall 
weigh  or  measure  any  article  exposed  for  sale  in  market ;  and  he 
shall  collect,  for  the  use  of  the  city,  five  cents  for  weighing  or 
measuring  each  article,  to  be  paid  by  the  person  requesting  the 
same  to  be  weighed. —  [G.  O.  No.  897,  Sec.  4]. 

Sec.  687.  May  arrest  for  disorderly  conduct. — The  market 
master,  while  on  duty  as  such,  is  hereby  clothed  with  all  the 
powers  of  policemen,  and  it  is  his  special  duty  to  arrest  and  take 
before  the  judge  of  the  police  court,  any  person  who  is  guilty 
of  any  violent,  turbulent  or  disorderly  conduct  in,  or  who  shall  be 
guilty  of  a  violation  of  any  ordinance,  rule  or  regulation  for  the 
government,  conduct  and  management  of  the  market.  [R.  O. 
1897,  Chap.  45,  Art.  2,  Sec.  5]. 


MEAT  SHOPS. 


491 


CHAPTER     XXIX. 

MEAT   SHOPS. 


Section 

688.  Meat   shop,    licende   for. 

689.  Shop   must  be  kept  clean. 

690.  Under     control      of     board 

health. 


of 


Section 

691.  License    shall     designate     loca- 

tion. 

692.  Penalty. 

69.3.     Wholesale     dealer,     license    re- 
quired. 


Sec.  688.  Meat  shop  or  stanl,  license  for. — No  i)erson  or 
persons  or  copartnership  of  persons  shall  open  or  keep  a  meat 
shop  or  stand  in  the  city  of  St.  Joseph,  withont  having  obtained 
a  license  therefor,  as  follows :  Any  person,  persons  or  copartner- 
ship of  persons  doing  business  as  retail  meat  shop  keeper  or 
keepers,  within  the  limits  of  the  city  of  St.  Joseph,  shall  pay  an 
annual  license  of  twenty-five  dollars,  in  advance,  which  respec- 
tive license  shall  authorize  and  empower  such  person,  persons  or 
copartnership  of  persons,  to  sell  in  their  shops  or  stands  for  which 
they  have  procured  a  license,  all  kinds  of  fresh  and  salt  meats, 
fresh  and  salt  fish,  sausage  and  sausage  meats,  whethe*'  made  by 
them  or  not,  and  also  all  kinds  of  fowl  and  game  in  their  proper 
season,  that  is  not  prohibited  being  sold  or  offered  for  sale  by 
any  ordinance  of  this  city  or  law  of  this  state :  all  kinds  of  vege- 
tables and  fruit  in  large  or  small  quantities,  for  one  year  from  the 
date  of  such  license ;  Provided,  That  nothing  in  this  section  shall 
be  so  construed  as  to  include  licensed  grocers  and  merchants 
who  sell  smoked,  cured  meats,  fresh  and  salt  fish  and  smoked 
sausage.      [R.  0.  1897,  Chap.  47,  Sec.  1]. 


Sec.  689.  Cleanliness — requirements. — Every  person  who  is 
duly  licensed  as  herein  required,  shall  keep  his  meat  shop  or 
stand  properly  cleaned  and  free  from  all  foul  smells  anci  nuisances 
of  every  description,  and  on  failure  thereof  shall  be  deemed 
guilty  of  a  misdemeanor.      [R.  O.  1897,  Chap.  47,  Sec.  2]. 

Sec.  690.  Board  of  health,  control  of.— All  meat  shops  shall 
be  under  the  control  of  the  board  of  health,  which  shall  have 
power,  by  a  majority  of  the  board,  to  declare  any  one  of  the 


492  REVISED  ORDINANCES.  CHAP.  XXIX. 

same  a  nuisance,  for  good  and  sufficient  cause,  which  finding, 
when  recorded  in  their  proceedings  and  a  copy  thereof  served 
upon  the  party  licensed,  shall  operate  as  a  canceling  of  his  license 
and  a  prohibition  of  all  sales  thereunder.  [R.  0.  1897,  Chap. 
47,  Sec.  3]. 

Sec.  691.     License    shall    designate    location,     etc.— Every 

license  shall  contain  the  name  of  the  person  in  whose  name  it  is 
issued,  and  shall  designate  the  location  of  the  meat  shop  or  stand, 
and  shall  be  and  remain  during  its  continuance  posted  in  some 
conspicuous  place  in  the  meat  shop  or  stand.  [R.  0.  1897,  Chap. 
47,  Sec.  4]. 

Sec.  692.  Penalty. — Any  person  who  shall  keep  in  this  city 
any  meat  shop  or  stand  without  having  obtained  a  license  there- 
for, or  who  shall  violate  any  of  the  provisions  in  relation  thereto 
herein  contained,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  be  fined  not  less  than  ten  nor  more  than  fifty 
dollars  for  each  offense.     [R.  0.  1897,  Chap.  47,  Sec.  5]. 

Sec.  693.  Wholesaler,  license. — No  person  shall  engage  in 
the  business  of  selling  or  offering  for  sale  any  fresh  meats  at 
wholesale  in  the  city  of  St.  Joseph,  either  from  a  house,  store, 
shed,  car,  wagon,  or  other  place,  without  first  having  a  license 
from  said  city  as  a  wholesale  meat  dealer,  and  the  charge  for 
such  license  shall  be  one  hundred  dollars  per  year.  [R.  0.  1897, 
See.  6]. 

(For  penalty  for  violating  Sec.  688,  see  Sec.  662,  Chap. 
27,  entitled  "licenses.") 


MERCHANT'S  LICENSE. 


493 


CHAPTER     XXX 


MERCHANT'S   LICENSE. 


Section 

694.     Merchant  defined. 

Penalty      for      selling     without 

license. 
Annual  license  to  be  taken  out, 

when. 
Statement     of     cash    value     of 

goods  to  be  filed 
Duty      of      assessor     receiving 

statement. 
Proceedings    to    obtain    license 

— form  of  bond. 
Form  of  license. 
Auditor  to  make  statement. 


695. 


696. 


697. 


698. 


699. 


700. 
701. 


Section 

702.     Duty  of  assessor   to   make   list, 
etc. 

Taxes  to  be  extended. 

License,     how     obtained     after 
January. 

Taxes    extended   and    collected. 

License,  etc.,  after  first  of  Au- 
gust. 

License    good    after    dissolution 
of  partnership. 

No    intoxicating    liquors    to    be 
sold. 

Penalty  for  violating,  etc. 


703. 
704. 


705. 
706. 


707. 


708. 


709. 


Sec.  694.  Merchant  defined. — Every  person,  copartnership 
or  corporation,  who  shall  engage  in  the  selling  of  any  goods, 
wares  or  merchandise,  at  any  store,  stand  or  place  occupied  for 
that  purpose,  within  the  limits  of  the  city  of  St.  Joseph,  is  hereby 
declared  a  merchant.      [R.  0.  1897,  Chap.  48,  Sec.  1]. 

Sec.  695.  Penalty  for  selling  merchandise  without  license. 
— No  person,  copartnership  or  corporation  shall  sell  or  offer  for 
sale  any  goods,  wares  or  merchandise  within  said  city,  without 
first  having  obtained  a  merchant's  license,  in  compliance  with 
the  provisions  of  the  general  law  governing  cities  of  the  second 
class,  and  the  ordinances  of  said  city;  every  merchant  violating 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  subject  to  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  five  hundred  dollars  for  each  day  he 
or  they  do  business  without  such  license.  [R.  0.  1897,  Chap.  48, 
Sec.  2]. 

Sec.  696.  Annual  license  to  be  taken  out,  when.^Merchants 
shall  take  out  their  annual  licenses  between  the  first  day  of  Jan- 
uary and  the  fifteenth  day  of  February  in  each  year.  [R.  0.  1897, 
Chap.  48,  Sec.  3].  ^ 

Sec.  697.  Must  file  statement  of  cash  value  of  goods,  etc. 
— Before  any  merchant  shall  be  entitled  to  receive  a  merchant's 


494  REVISED  ORDINANCES.  CHAP.  XXX. 

license  under  the  provisions  of  this  ordinance,  such  merchant 
shall  file  with  the  city  assessor  a  sworn  statement  showing  the 
actual  cash  value  of  the  highest  amount  of  goods,  wares  and 
merchandise  owned  by  liira  for  sale,  at  any  time  within  three 
months  before  the  first  day  of  January  of  such  year  for  which 
license  is  required.  Such  statement  shall  include  all  goods,  wares 
and  merchandise,  which  he  may  have  in  his  possession  or  under 
his  control,  owned  by  him,  and  shall  be  signed  and  verified  by 
the  affidavit  of  such  merchant  or  some  creditable  person  author- 
ized to  sign  and  verify  such  statement.  [R.  0.  1897,  Chap.  48, 
Sec.  4]. 

Sec.  698.  Duty  of  assessor  receiving  statement. — The  city 
assessor  shall,  upon  such  statement  being  filed  in  his  office,  prop- 
erly signed  and  verified,  make  out  and  deliver  to  the  city  auditor 
a  certificate  stating  that  such  person,  naming  him,  has  filed  the 
statement  required  by  the  ordinances  of  the  city,  also,  giving  the 
cash  value  of  his  goods,  wares  and  merchandise  returned,  and  the 
location  of  his  store,  stand  or  place  of  business.  [R  0.  1897, 
Chap.  48,  Sec.  5]. 

Sec.  699.  Proceedings  to  obtain  license,  form  of  bond. — The 
city  auditor  shall,  upon  the  receipt  of  such  certificate  from  the 
assessor,  issue  a  license  to  the  person  named  in  such  certificate, 
which  license  shall  be  countersigned  by  the  city  comptroller: 
Provided,  That  such  person  named  in  the  certificate  of  the  asses- 
sor executes  a  bond  to  the  city  of  St.  Joseph,  with  at  least  two 
resident  householders,  of  such  city,  as  securities,  to  be  approved 
by  the  city  auditor,  who  shall  endorse  his  approval  thereon ;  the 
applicant  for  license  must  deliver  his  bond  to  the  city  auditor 
before  the  license  is  issued  and  delivered  to  him.  The  city  audi- 
tor shall  return  said  bond  to  the  comptroller,  who  shall  file  the 
same  in  his  office.     Said  bond  shall  be  in  the  following  form : 

Know  all  men  by  these  presents,  that  we,  as 

principal,  and   as  securities,  are  held  and  firmly 

bound  unto  the  city  of  St.  .Toseph  in  the  penal  sum  of dollars,  for 

the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  adminis- 
trators firmly  by  these  presents.     Sealed  with  our  seals  and  dated  this. . .  . 

day  of ,  A.  D.  18.  .  .  .     The  condition  of  the  foregoing  obligation 

is  such  that  whereas ha.  .  .this  day  received  a 

license  to  do  business  in  said  city  as  merchant.  .  .for  the  year  ending  De- 


MERCHANT'S  LICENSE.  495 

ber  31st,  18. . . ;  now  if  the  said shall,  on  or 

before  the  1st  day  of  September,  18.  .  . .,  pay  to  the  collector  of  baid  city  all 
taxes  which  may  be  due  upon  such  license  for  the  year  ending  on  the  last 
above  mentioned  date,  then  this  bond  to  be  void;  otherwise  lo  remain  in 
full  force. 

[SEAL.] 

[SEAL.] 

[SEAL.] 

Approved  this ....  day  of A.  D.  18 ... . 

Auditor. 

The  penalty  of  which  said  bond  shall  be,  when  the  valuation 
as  shown  by  the  statement  required  in  this  ordinance  does  not 
exceed  tweny-five  hundred  dollars,  the  sum  of  one  hundred  dol- 
lars ;  and  when  the  valuation  exceeds  twenty -five  hundred  dollars, 
an  additional  sum  of  one  hundred  dollars  for  each  twenty-five 
hundred  dollars  or  fractional  part  thereof.  Upon  such  bond 
being  approved  by  the  auditor,  he  shall  grant  a  merchant's  license 
to  the  applicant,  in  form  as  hereinafter  provided.  [R.  0.  1897, 
Chap.  48,  Sec.  6]. 

Sec.  700.  Form  of  license. — All  licenses  issued  rnder  this 
chapter  shall  expire  on  the  thirty-first  day  of  December  next 
after  the  time  of  such  issuing,  and  shall  be  in  the  f oUov/ing  form : 

The  city  of  St.  Joseph  to  all  who  may  see  these  presents,  greeting: 

Know  ye,  that having  filed  statement,  and  on  the 

day  of A.  D.  18.  .,  given  bond  as  requirel  of  him,  for 

the   payment  of  all  lawful   taxes  which   may  be  due  upon  this   license, 

therefore  the  said is  hereby  authorized  to  do 

business  as.  .  .merchant,  .at  any  one  place  within  said  city  for 

months,  ending  the  thirty-first  day  of  December  next.  In  testimony 
whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  city  to 
be  affixed,  this day  of A.  D.  18.  . .  . 

Granted  this day  of A.  D.  18.  .  .  . 

Auditor. 

Countersigned: 

Comptroller. 

[R.  O.  1897,  Chap.  48,  Sec.  7]. 

Sec.  701.  Auditor  to  make  statement. — The  city  auditor 
shall,  at  the  end  of  each  month,  make  a  statement  in  detail  of  all 
merchants'  licenses  issued  by  him  during  said  month,  showing 
the  name  of  the  person  or  persons  to  whom  granted,  the  place 


496  REVISED  OBDINANCES.  CHAP.  XXX. 

of  business  and  the  date  thereof ;  also  the  cash  value  of  the  highest 
amount  returned  to  the  assessor  by  each  person,  which  said  state- 
ment shall  be  filed  in  the  office  of  the  city  comptroller,  and  by 
him  laid  before  the  common  council  at  its  firs^.  stated  meeting 
thereafter.     [R.  O.  1897,  Chap.  48,  Sec.  8]. 

Sec.  702.  Duty  of  assessor  to  make  list. — The  city  assessor 
shall  make  a  complete  list  of  all  merchants  who  have  filed  their 
statements  showing  the  cash  value  of  the  highest  amount  of  goods, 
wares  and  merchandise  owned  and  kept  on  hand  by  them  for 
sale  at  any  time  within  three  months  before  the  first  day  of  Jan- 
uary of  such  year,  for  which  the  assessment  is  made,  and  deliver 
the  same  to  the  common  council  at  the  same  time  he  is  required 
to  deliver  the  assessment  books.     [R.  0.  1897,  Chap.  48,  Sec.  9]. 

Sec.  703.  Taxes  to  be  extended. — The  city  auditor  shall  ex- 
tend the  taxes  for  general  and  special  purposes  in  the  same  man- 
ner that  he  does  on  other  property  subject  to  taxation.  [R.  0. 
1897,  Chap.  48,  Sec.  10]. 

Sec.  704.     License,    how    obtained    after   January,    etc. — It 

shall  be  the  duty  of  every  person,  copartnership  or  corporation 
intending  to  commence  business  as  merchants  In  the  city  of  St. 
Joseph  at  any  time  after  the  first  day  of  January  in  any  one  year, 
or  at  any  time  during  the  fiscal  year,  to  furnish  the  city  assessor 
a  sworn  statement  of  the  value  of  his  or  their  goods,  wares  or 
merchandise;  and  the  city  assessor  shall  thereupon  ascertain  the 
value  of  such  goods  wares  and  merchandise,  and  leturn  the 
same  with  the  other  lists  to  the  common  council ;  Provided,  the 
statements  fire  filed  Avith  him  before  the  fifteenth  day  of  March, 
each  year.  If  the  statements  are  fii^d  with  him  after  the  fifteenth 
day  of  March,  he  shall  ascertain  the  value  of  such  goods,  wares 
and  merchandise  and  return  an  assessment  thereof  to  the  city 
auditor.  If  such  person,  copartnership  or  corporation  is  dissatis- 
fied with  such  assessment,  he  or  they  may  appeal  to  the  common 
council,  at  its  first  stated  meeting  thereafter,  and  the  common 
council  shall  then  ascertain  and  fix  the  value  of  said  goods,  wares 
and  merchandise,  by  resolution,  which  value,  so  determined,  shall 
be  certified  to  the  city  auditor  by  the  city  clerk.  [R.  0.  1897, 
Chap.  48,  Sec.  11]. 


MERCHANT'S  LICENSE.  497 

Sec.  705.  Taxes  extended  and  collected. — When  such  assess- 
ment is  completed,  the  city  auditor  shall  issue  a  license  to  such 
person  in  form  and  manner  heretofore  prescribed;  and  the  audi- 
tor shall  thereupon  extend  the  tax  for  each  year,  for  general  and 
special  purposes,  and  deliver  a  certified  copy  to  the  city  treasurer. 
The  tax  so  extended  shall  bear  the  same  proportion  to  the  amount 
of  the  annual  levy  for  general  and  special  purposes  for  each  year, 
as  the  time  to  the  end  of  the  fiscal  year  is  to  one  year ;  Provided, 
that  in  making  such  pro  rata  reduction  no  fractional  part  of  any 
month  shall  be  computed,  but  the  time  shall  in  all  cases  be  esti- 
mated as  from  the  first  day  of  the  mouth  in  which  such  statement 
is  filed.  On  delivery  of  the  certified  copy  of  the  tax  extended, 
the  treasurer  shall  file  the  same  and  give  duplicate  receipts  there- 
for, stating  the  amoimt  levied  and  the  name  of  the  person  therein 
named,  one  of  which  shall  be  filed  with  the  auditor  and  the  other 
with  the  comptroller,  which  amounts  are  to  be  collected  and 
paid  in  the  same  manner  as  other  taxes.  [R.  O.  1897,  Chap.  48, 
Sec.   12]. 

Sec.  706.  How  obtained  after  the  first  of  August. — When 
any  person,  copartnership  or  corporation  shall  file  their  state- 
ments on  or  after  the  first  day  of  August,  and  the  assessment  is 
completed,  a  statement  thereof  shall  be  filed  with  the  city  auditor, 
who  shall  thereupon  make  out  and  deliver  to  the  city  treasurer 
a  certificate  stating  the  amount  for  such  license.  On  delivery  of 
the  certificate  to  the  city  treasurer  he  shall  file  the  same,  and  on 
payment  of  the  amount  thereof,  the  city  treasurer  shall  make 
and  sign  duplicate  receipts  therefor,  one  shall  be  filed  with  the 
city  aiiditor,  the  other  with  the  city  comptroller.  Upon  filing 
said  receipt,  the  city  auditor  shall  sign  and  issue  a  license  for  the 
remainder  of  such  year,  which  license  shall  be  coimtersigned  by 
the  city  comptroller.  Said  license  shall  state  the  amount  of  taxes 
so  paid,  which  amount  shall  be  charged  to  the  city  treasurer.  [R. 
O.  1897,  Chap.  48,  Sec.  13 J. 

Sec.  707.     License  good  after  dissolution  of  partnership.^ 

If  any  copartnership  shall  be  dissolved  by  operation  of  law,  by 
limitation  or  by  mutual  consent,  then  the  person  or  persons  hav- 
ing the  stock  in  charge,  as  successors,  may  continue  the  business 
for  the  remainder  of  the  year  without  any  other  additional  license. 
[R.  0.  1897,  Chap.  48,  Sec.  14]. 

38 


498  REVISED  ORDINANCES.  CHAP.  XXX. 

Sec.  708.  No  intoxicating  liquors  to  be  sold. — Xo  license 
granted  under  this  chapter  shall  authorize  any  merchant  to  sell 
vinous,  fermented  or  spirituous  liquors  in  any  quantities  to  be 
drunk  at  his  store,  stand  or  place  of  business.  [R.  0.  1S97,  Chap. 
48,  Sec.  15]. 

Sec.  709.  Penalty  for  violating,  etc.^— Any  person,  copart- 
nership or  corporation  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars.     [R.  0.  1897.  Chap.  48,  Sec.  16]. 


MILK. 


499 


CHAPTER     XXXI. 


MILK. 


Informer  shall  receive  part  of 
fine   imposed. 

Duties  and  powers,  on  what  of- 
ficers imposed. 

Complaints,   to  whom  made. 

Record  kept  at  office  of  board 
of  health. 

City  attorney  shall  report  re- 
sult of  prosecutions. 

Penalty. 


Section  Section 

710.  Impure  milk  or  cream,   sale  of 

prohibited. 

711.  Hotel,    etc.,    shall    not    offer    to 

guests. 

712.  Milk    or    cream    dealer,    license  719. 

for.  720. 

713.  Conditions  of  license. 

714.  Milk  dealer  shall  obtain  license, 

register,  etc. 

715.  Cows,    stables,    etc.,    inspection 

of. 

716.  Adulterations,    manufacture    of 

prohibited. 

Sec.  710.  Impure  milk  or  cream,  sale  of  prohibited. — Special 
and  constant  attention  shall  be  given  to  the  inspection,  examina- 
tion and  analysis  of  milk  and  cream  sold  or  offered  for  sale 
within  the  city.  Any  person  who  shall  sell  or  offer  for  sale  any 
skimmed  milk  without  informing  the  purchaser  that  it  is  skimmed 
milk,  or  any  cream  or  milk  having  therein  and  containing  any 
foreign  substance  whatever,  or  any  adulteration  or  preservative, 
whatever,  for  the  purpose  of  artificially  increasing  the  quantity  of 
the  milk  or  cream  or  for  preserving  the  sweetness  and  condition 
thereof,  or  for  any  other  purpose  whatever,  or  any  diluted  milk 
or  cream,  or  any  milk  containing  less  than  twelve  per  cent  of 
total  solids,  except  skimmed  milk,  three  of  which  shall  be  of  fat, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred  dollars  or 
by  imprisonment  in  the  city  jail  or  workhouse  not  more  than  six 
months :  or  by  both  such  fine  and  imprisonment.  Any  person  who 
shall  be  convicted  the  second  time  for  having  violated  any  of  the 
provisions  of  this  section,  shall,  for  such  second  offen.se,  be  pun- 
ished as  already  provided  herein,  and  in  addition  thereto  his 
milk  and  cream  license  shall  be  revoked.  [R.  0.  1897,  Chap.  49, 
Sec.  1]. 

Sec  711.  Same;  hotel,  etc.,  shall  not  offer  to  guests. — Any 
hotel,  boarding  house  or  restaurant  keeper,  owner,  manager  or 
steward  who  shall  set  before  or  offer  to  anv  boarder,  guest  or 


500  REVISED  ORDINANCES.  CHAP.  XXXI. 

customer  thereof  any  diluted  milk  or  any  cream  or  miik  having 
and  containing  therein  any  adulteration  or  preservative  or  any 
foreign  substance  whatever,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  a  line  of  not  more 
than  fifty  dollars.     [G.  0.  No.  408,  Sec.  2]. 

Sec.  712.  Milk  or  cream  dealer,  license  for. — No  person 
shall  sell  any  milk  or  cream  within  the  city  of  St.  Joseph,  or 
carry  on  the  business  of  a  milk  or  cream  dealer,  nor  shall  any 
person  use  or  operate  any  milk  wagon  or  vehicle  from  which 
milk  or  cream  is  delivered  to  customers  in  the  city  of  St.  Joseph, 
without  first  obtaining  from  the  city  a  license  therefor.  The 
charge  for  a  license  as  a  milk  or  cream  dealer  shall  be  five  dol- 
lars ($5.00)  per  year.  The  charge  for  a  license  for  each  wagon  or 
vehicle  used  for  the  delivery  or  sale  of  milk  or  creau-  shall  be 
five  dollars  ($5.00)  per  year.  Every  person  owning  or  using 
any  milk  wagon  or  vehicle  from  which  milk  or  cream  is  deliv- 
ered to  customers  in  this  city  shall  keep  in  plain  legible  letters 
large  enough  to  be  read  50  feet  away,  printed  on  the  right  hand 
corner  of  said  wagon,  the  number  of  the  license  issued  for  such 
wagon,  and  the  date  of  its  expiration.  Any  person  who  shall 
fail  or  negJect  to  comply  with  any  of  the  provisions  o?  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion, shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars.      [G.  0.  No.  617,  Sec.  1]. 

Sec.  713.  Conditions  of  license. — Every  such  license  shall 
be  issued  on  the  express  condition  that  the  licensee  shall  at  all 
times  permit  officers  or  representatives  of  the  city  U^  visit,  ex- 
amine and  inspect  all  cows,  feed  therefor,  stables,  pastures,  and 
lots  where  the  cow  or  cows  of  such  licensee  are  kept  and 
secure  such  permission  for  such  inspection  ind  examination 
from  all  persons  from  whom  he  obtains  milk  and  cream 
to  be  sold  or  offered  for  sale ;  and  an  analysis  or  examination  shall 
be  made  of  milk  or  cream  obtained,  by  the  proper  officer,  from 
each  licensee ;  and  it  shall  be  the  duty  of  such  licensee  at  all 
times  when  demanded  to  furnish  free  of  charge  such  small  quan- 
tities of  milk  and  cream  as  shall  be  necessary  for  .5uch  examina- 
tion or  analysis.  Failing  or  refusing  to  comply  with  such  con- 
ditions and  requirements  shall  be  cause  for  revoking  such  license. 
[R.  0.  1897,  Chap.  49,  See.  4]. 


MILK.  501 

Sec.  714.    Milk  dealer  shall  obtain  license,  register,  etc.— 

Every  person  who  may  be  selling  or  offering  for  sale  milk  or 
cream  at  the  time  of  the  approval  or  final  passap-e  of  this  ordin- 
ance shall,  within  twenty  days  after  the  appointment  of  the  clerk 
of  the  board  of  health,  obtain  the  license  herein  provided  for, 
and  register  his  name  on  a  record  to  be  kept  for  such  purpose  by 
the  clerk  of  the  board  of  health,  together  with  the  names  and 
postoffice  address  of  all  persons  from  whom  he  obtains  his  milk 
or  cream,  and  also  the  location  of  the  stables  or  pastures  where 
the  cows  from  which  such  milk  was  obtained  are  kept.  And 
every  person  who  may  hereafter  enter  into  and  engage  in  the 
milk  or  cream  business  shall  also  register  as  in  this  section  pro- 
vided. All  changes  in  the  location  of  any  milk  and  cream  deal- 
er's dairy  or  the  dairies  of  those  from  whom  he  obtains  milk  and 
cream,  or  the  location  of  the  stables  and  pastures  of  e'ther  shall 
be  promptly  reported  to  the  clerk  of  the  board  of  health  and 
noted  on  such  record.  Every  person  neglecting  or  refusing  to 
comply  with  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a  line 
of  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars 
for  each  and  every  day  of  such  refusal  or  neglect.  [R.  O.  1897, 
Chap.  49,  Sec.  5]. 

Sec.  715.  Cows,  stables,  etc.,  inspection  of.^It  shall  be  the 
duty  of  the  sanitary  sergeant  and  assistant  health  officer  at  least 
once  every  two  months,  and  as  much  oftener  as  they  may  think 
necessary  and  proper,  to  inspect  and  examine  all  stables,  lots  and 
pastures  where  cows  are  kept  and  fed,  whose  milk  or  cream 
therefrom  is  sold  in  the  city;  and  also  the  feed,  health  and  con- 
dition of  such  cows,  and  make  report  thereof  to  the  board  of 
health.  If  in  their  opinion  any  such  cows  are  not  fed  on  good 
and  wholesome  food,  or  are  kept  in  an  unhealthy  or  bad  condi- 
tion, or  such  stables  and  pastures  are  not  properly  cleaned  and 
kept  so,  then  they  shall  notify  in  writing  the  owner  or  keeper 
of  such  cows,  stables  and  pastures,  and  also  the  persons  who  sell 
or  offer  for  sale  the  milk  or  cream  therefrom  in  the  city,  and  if 
any  such  oAvner,  keeper  or  person  shall  not  at  once  cease  to  milk 
any  cow  which  is  in  an  unhealthy  and  bad  condition,  or  shall 
refuse  or  neglect  to  at  once  proceed  to  clean  such  stables  and 
pastures,  the  milk  therefrom  shall  not  be  sold  or  offered  for  sale 
in  the  city  until  every  objection  thereto  is  abated  and  removed 


^02  REVISED  ORDINANCES.  CHAP.  XXXI. 

and  kept  so.  Every  person  violating  any  provision  in  this  section 
contained  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars.  [R.  0.  1897,  Chap.  49, 
Sec.  6] . 

Sec.  716.  Adulterations,  manufacture  of  prohibited. — Any 
person  who  shall  manufacture,  compound,  use,  sell  or  offer  to 
sell  any  milk  or  cream  adulteration  or  preservative,  or  any  com- 
pound or  substance  whatever  for  the  purpose  of  artificially  pre- 
serving the  sweetness  or  increasing  the  quantity  of  milk  or  cream, 
or  for  any  other  purpose,  shall  be  deemed  guilty  of  a  misdemean- 
or, and  on  conviction  shall  be  punished  by  a  fine  of  not  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  city  jail  or  work- 
house not  exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment.    [R.  0.  1897,  Chap.  49,  Sec.  7]. 

Sec.  717.  Informer  shall  receive  part  of  fine  imposed. — Any 
person  who  shall  first  give  any  information  to  any  member  of  the 
board  of  health  or  the  sanitary  sergeant  or  police  officer  that  shall 
be  the  cause  and  means  of  the  arrest  and  conviction  of  any  person 
for  violating  the  provisions  of  the  next  preceding  sections,  shall 
be  entitled  to  and  receive  one-third  of  the  fine  imposed  and  col- 
lected.    [R.  0.  1897,  Chap.  49,  Sec.  8]. 

Sec.  718.  Duties  and  powers — on  what  officers  imposed. — 
Whenever  in  this  ordinance  a  duty  is  imposed  or  a  j)ower  given 
to  the  sanitary  sergeant,  health  officer  or  policeman,  such  duty 
or  power  shall  be  imposed  on  or  granted  to  either  one  of  such  offi- 
cers or  all  of  them.      [R.  O.  1897,  Chap.  49,  Sec.  9]. 

Sec.  719.  Complaints,  to  whom  made. — All  complaints 
which  any  person  may  desire  to  make  against  any  one  for  the 
violation  of  any  provision  in  this  ordinance  contained,  shall  be 
made  to  the  clerk  of  the  board  of  health  or  any  member  thereof, 
whose  duty  it  shall  be  to  at  once  bring  such  complaint  to  the 
notice  of  the  sanitary  sergeant,  health  officer  or  policeman,  who 
shall  inquire  and  examine  into  the  same.  [R.  O.  1897,  Chap. 
49,  Sec.  10]. 

Sec.  720.  Record,  kept  at  office  of  board  of  health. — The 
several  records  required  to  be  kept  by  the  provisions  of  this  or- 


MILK.  503 

dinance  shall  be  kept  always  at  the  office  of  the  board  of  health 
in  charge  of  the  clerk  thereof.  Such  records  shall  always  be 
open  for  the  inspection  of  any  person.  [R.  0.  1897.  Chap.  49, 
Sec.   11]. 

Sec.  721.  City  attorney  shall  report  result  of  prosecutions. 
— It  shall  be  the  duty  of  the  city  attorney  to  keep  a  record  of 
every  arrest  and  prosecution  under  the  provisions  of  Itiis  ordin- 
ance and  the  result  thereof ;  and  he  shall  semi-annually  report 
the  same  to  the  common  council.     [R.  O.  1897,  Chap.  49,  Sec.  12] . 

Sec.  722.  Penalty. — -Any  person  who  shall  in  any  manner 
interfere  with  or  prevent  or  attempt  to  prevent  the  enforcement 
of  any  provision  of  this  ordinance,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars.      [R.  0.  1897,  Chap.  49,  Sec.  13]. 


504 


REVISED  ORDINANCES. 


CHAP.  XXXII. 


CHAPTER     XXXII 


MISDEMEANORS. 


Article 
I.     Miscellaneous  offenses. 


Article 
11.     Penalties. 


ARTICLE     I 


MISCELLANEOUS    OFFENSES. 


Section 

723.  Unlawful  assembly. 

724.  Disturbances  of  the  peace. 

725.  Disturbing    religious    or    other 

assembly. 

726.  Loitering — prohibited  where. 

727.  Giving  false  alarm  of  fire— col- 

lection of  persons  on  streets. 

728.  Drunkenness  an  offense — when. 

729.  Concealed     weapons  —  carrying 

of. 

730.  Throwing   missiles — having   de- 

vice for, 

731.  Cartridges,  pistols,  etc.,  sale  of 

to  minors  prohibited. 

732.  Cigarettes— sale   of   to   minors. 

733.  Persons   under   certain   age  not 

to  be  on  streets,  etc.,  when. 

734.  Parent    or    guardian    shall    not 

allow  child  to  go  upon  street, 
etc.,  when. 

735.  Police    may    arrest    and    detain 

violator  of  section  733,   etc. 

736.  Playing  in  street,  etc. 

737.  Climbing  on  moving  car,   etc. 

738.  Disturbing   or    destroying   lamp 

post,     fire     alarm,     telegraph 
poles,  etc. 

739.  Climbing  on  electr'c  light  poles. 

740.  Injuring    building,    post,    shade 

trees,  etc. 

741.  Not     to     tear     uo     bridge     or 

change  creek. 

742.  Not    to    hitch    to    fence,     post, 

shade  tree  or  hydrant. 

743.  Fire     hose — penalty     for     driv- 

ing over. 

744.  Not    to    drive    on    bridge    faster 

than  a  walk. 


Section 
745.     Vehicles    not    to    be    driven   on 
sidewalk,  etc. 

Fast  driving — leaving  animal 
unfastened. 

Vehicles  to  keep  to  the  right. 

Cruelty  to  animals. 

Slaughtering  of  animals. 

Cruelty  to  children. 

Teams  standing  at  Fifth  and 
Edmond  streets  prohibited — 
penalty. 

Throwing  or  dropping  weight 
on  sidewalk  prohibited — pen- 
alty. 

Standing    of    vehicles    and    ma- 
chinery      on       streets  —  pro- 
hibited. 
J4.     Prohibiting     certain     modes     of 
advertising. 

Posting  hand  bill,  notice,  etc. 

Circulars  and  hand  bills  not  to 
be  thrown  on  streets. 

Distributing  samples  of  mer- 
chandise, hand  bills,  etc.. 
without    license — penalty. 

Distribution  of  samples  of 
medicines,   etc. 

Drawing  water  from  public 
cistern. 

Removing  guard  from  danger- 
bus  place. 

Leaving  rubbish  on  street  or 
sidewalk — penalty. 

Barb  wire  fences  prohibited — 
penalty. 

Business  houses  not  to  be  kept 
open  on  Sunday. 

Swimming  restricted. 


746. 

747. 
74S. 
749. 
750. 
751. 


752. 


753. 


755. 
756. 


ir^i 


")S. 


iO. 


760. 


761. 


762. 


763. 


764. 


I 


ART.  I 


MISCELLANEOUS  OFFENSES. 


505 


Section 

Secti 

765. 

Escaping   from    custody. 

777. 

766. 

Falsely  representing  an  officer. 

767. 

Keeping    gambling    device,    etc 
gambling. 

778. 

768. 

Exposing  stallion. 

779. 

769. 

P  u  b  li  c    indecency  —  obscene 

books,  etc. 

780. 

770. 

Licentious    conduct    forbidden. 

771. 

Keeping  a  bawdy  house. 

772. 

Inmate  or  boarder  in  a  bawdy 

781. 

house. 

782. 

773. 

Frequenting  bawdy  house. 

783. 

774. 

Same;    reputation   of   house   in 

evidence. 

784. 

775. 

Permitting  weeds  to  remain  on 
lot — penalty. 

776. 

Pools,    ponds    and    filth   not   al- 
lowed   on    vacant    property — 
penalty. 

Throwing     fruit     or     vegetable 

substance  on   .sidewalk. 

Interfering  with  water  pipes 
or  valves — penalty. 

Injuring  books,  etc.,  of  public 
library — penalty. 

Expectorating  in  street  cars 
and  public  convevances  pro- 
hibited. 

Use  of  filthy  cars  prohibited. 

Penalty  for  violation. 

Police  officers  to  enforce  ordi- 
nance. 

Copy  of  ordinance  to  be  posted 
in  cars. 


Sec.  723.  Unlawful  assembly. — Any  three  or  more  persons 
who  shall  in  this  city  assemble  together,  or  being  asse?iibled  shall 
act  in  concert  to  do  any  nnlawful  act  with  force  or  violence 
against  the  property  of  this  city,  or  the  person  or  property  of 
another,  or  against  the  peace  or  to  the  terror  of  others,  and  shall 
make  any  movement  or  preparation  therefor,  and  every  person 
present  at  such  meeting  or  assembly  who  shall  not  endeavor  to 
prevent  the  commission  or  perpetration  of  such  unlawful  act, 
shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap. 
50,  Art.  1,  Sec.  1]. 

Sec.  724.  Disturbances  of  the  peace. — Any  person  who  shall 
in  this  cit}^  disturb  the  peace  of  others  by  loud  or  unusual  noise, 
offensive  or  indecent  conversation,  or  by  unseemly,  profane,  ob- 
scene or  offensive  language  calculated  to  provoke  a  breach  of 
the  peace,  or  by  threatening,  challenging,  striking  or  fighting 
another ;  or  any  person  who  in  this  city  shall  permit  any  such 
conduct  in  or  upon  any  house  or  premises  owned  or  occupied  by 
him  or  under  his  management  or  control,  so  that  others  in  the 
vicinity  are  disturbed  thereby,  shall  be  deemed  guilty  of  a  misde- 
meanor.    [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  2]. 

Sec.  725.  Disturbing  relig-ious  or  other  assembly .^Any 
person  who  shall  in  this  city  disturb  or  disquiet  any  congregation 
or  assembly  met  for  religious  worship,  by  making  a  noise  or  by 
rude  or  indecent  behavior  or  profane  discourses  within  their 
place  of  worship,  or  so  near  the  same  as  to  disturb  the  order  or 


506  REVISED  ORDINANCES.  CHAP.  XXXII. 

solemnity  of  the  meeting,  or  shall  disturb  any  lawful  assemblage 
of  people  by  rude  or  indecent  behavior  or  otherwise,  shall  be 
deemed  guilty  of  a  misdemeanor.  [R.  O.  1897.  Chap.  50,  Art.  1, 
Sec.  3]. 

Sec.  726.  Loitering,  proliibited  where. — Any  person  who 
shall  in  this  city  loiter  at  the  corners  of  streets,  or  in  or  upon  any 
street,  avenue,  alley  or  sidewalk,  or  in  the  vicinity  of  any  place 
of  amusement,  public  hall,  place  of  worship,  hotel,  restaurant, 
eating  house,  dramshop  or  thoroughfare  and  refuse  to  disperse 
or  vacate  such  place  when  requested  to  do  so  by  any  police  officer, 
shall  be  deemed  guiltj^  of  a  misdemeanor.  [R.  0.  1897,  Chap. 
50.  Art.  1,  Sec.  4]. 

Sec  727.  Giving  false  alarm  of  fire — collection  of  persons 
on  street. — Any  person  who  shall  in  this  city  intentionally  give 
or  make  a  false  alarm  of  fire,  or  shall  employ  any  dev^ice,  noise 
or  performance  tending  in  either  case  to  the  collection  of  persons 
on  the  streets,  sidewalks  or  other  public  place  to  the  obstruction 
of  the  same,  for  any  purpose  whatsoever,  without  permission  of 
the  mayor  in  writing,  shall  be  deemed  guilty  of  a  misdemeanor. 
[R.  O.  1897,  Chap.  50,  Art.  1,  Sec.  5]. 

Sec.  728.  Drunkenness  an  offense,  when.— Any  person  who 
shall  in  this  city  be  drunk  or  shall  be  in  a  state  of  intoxication  in 
any  highway,  thoroughfare  or  other  public  place,  or  in  any  pri- 
vate house  or  i^lace,  to  the  annoyance  of  any  pei'son,  shall  be 
deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap.  50,  Art.  1, 
Sec.  6]. 

Sec.  729.  Concealed  weapons,  carrying  of. — Any  person 
who  shall  in  this  city  wear  under  his  clothes  or  carry  concealed 
upon  or  about  his  person,  or  be  found  having  upon  or  about  his 
person,  concealed,  any  pistol  or  revolver,  colt,  billy,  slung  shot, 
cross  knuckles  or  knuckles  of  lead,  brass  or  other  metal,  dirk, 
dagger,  razor,  bowie  knife,  or  any  knife  resembling  a  bowie  knife, 
or  any  other  dangerous  or  deadly  weapon,  shall  be  deemed  guilty 
of  a  misdemeanor.      [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  7]. 

Sec.  730.  Throwing  missiles,  having  device  for. — Any  person 
who  shall  in  this  city  have  in  his  possession  any  air  pipe,  blow 


ART.  I.  MISCELLANEOUS  OFFENSES.  507 

pipe,  air  gun,  pop  gun,  spring  gun,  bow  gun,  cross  buw,  crotch, 
rubber  sling  or  nigger  shooter,  or  other  device  or  contrivance  for 
ejecting,  discharging  or  otherwise  throwing  any  miss'ile,  pellet, 
stone,  bolt,  metal  or  other  substance  capable  of  causing  injury 
to  any  one,  or  shall  project  by  means  of  any  such  device  or  con- 
trivance, or  fling,  cast  or  throw  by  hand  or  foot  any  stone,  peb- 
ble, ice  or  snow  ball,  or  other  hard  or  hurtful  substance  or  thing 
in  or  upon  any  street,  alley,  park  or  other  public  ground,  or  from 
out  of  any  yard,  lot  or  building  into  any  street,  nWey,  park  or 
other  public  ground,  or  whoever  shall  throw  any  stone  or 
other  missile  at  or  against  any  public  or  private  building,  shall 
be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897.  Chap.  50,  Art. 
1,  Sec.  8]. 

Sec.  731.  Cartridges,  pistols,  etc.,  sale  of  to  minors  prohi- 
bited.— Any  person  who  shall  in  this  city  sell  to  anv  person  under 
the  age  of  sixteen  years,  any  cartridge  of  fixed  ammunition  of 
which  any  fulminate  is  a  component  part,  or  any  gun,  pistol  or 
other  mechanical  contrivance  arranged  for  the  explosion  of  such 
cartridge,  or  of  any  fulminate,  shall  be  deemed  guilty  of  a  mis- 
demeanor.     [R.  O.  1897,  Chap.  50,  Art.  1,  Sec.  9]. 

Sec.  732.     Cigarettes,  sale  of  to  minors. — Any  person  who 

shall  in  this   city  sell  to  any  minor  any  cigarette  or  cigarette 

wrappers,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897, 
Chap.  50,  Art.  1,  See.  10] . 

Skc.  733.  Persons  under  certain  age  not  to  be  on  streets, 
etc.,  when. — It  shall  be  unlawful  for  any  person  under  fifteen 
years  of  age  to  be  or  remain  in  or  upon  any  of  the  streets,  alleys 
or  public  places  in  this  city  at  night  after  the  hour  of  nine  o  'clock 
p.  m.  from  March  1st  to  August  31st,  inclusive,  of  each  year; 
and  from  September  1st  to  the  last  day  of  February,  inclusive, 
of  each  year,  after  the  hour  of  eight  o'clock  p.  m.,  unless  such 
person  is  accompanied  by  a  parent,  guardian  or  other  person  hav- 
ing the  legal  custody  of  such  minor  person,  or  is  in  the  perform- 
ance of  an  errand  or  duty  directed  by  such  parent,  guardian  or 
other  person  having  the  care  and  custody  of  such  minor  person, 
or  whose  employment  makes  it  necessary  to  be  upon  such  streets, 
alleys  or  public  places  during  the  night  time  after  said  specified 
hours;  Provided,  this  exception  shall  not  apply  when  the  person 


508  REVISED  ORDINANCES.  CHAP.  XXXII. 

under  such  age  shall  be  playing  or  unnecessarily  loitering  in  or 
upon  any  such  street,  alley  or  public  place,  whether  alone  or  ac- 
companied by  a  parent,  guardian  or  any  person  or  persons  whom- 
soever. Any  person  violating  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap.  50,  Art. 
1,  Sec.  11]. 

Sec.  734.  Parent  or  guardian  shall  not  allow  child  to  go 
upon  street,  etc.,  when. — It  shall  be  unlawful  for  any  parent, 
guardian  or  other  person  having  the  legal  care  and  custody  of 
any  person  under  fifteen  years  of  age,  to  allow  or  permit  any  such 
child,  ward  or  other  person  under  such  age.  while  in  such  legal 
custody,  to  go  or  be  in  or  upon  any  of  the  streets,  alleys  or  public 
places  in  this  city  within  the  time  prohibited  in  section  733  of  this 
ordinance,  unless  a  reasonable  necessity  exists  therefor.  Any 
person  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor.      [R.  O.  1897,  Chap.  50,  Art.  1,  Sec.  12]. 

Sec.  735.  Police  may  arrest  and  detain  violator  of  section 
733,  etc. — The  police  are  hereby  authorized  to  arrest,  without  war- 
rant, any  person  wilfully  violating  the  provisions  of  section  733 
of  this  ordinance,  and  detain  such  person  for  a  reasonable  time, 
in  which  complaint  can  be  made  and  a  warrant  issued  and  served. 
No  child  or  minor  person  arrested  under  the  provisions  of  this 
ordinance  shall  be  placed  in  confinement  until  the  parents  or 
guardian  of  such  person  shall  have  been  notified  of  such  arrest 
and  shall  have  refused  to  be  held  responsible  for  the  observance 
of  the  provisions  of  section  733  of  this  ordinance  by  said  minor 
person.      [R.  0.  1897.  (^lap.  50,  Art.  1,  Sec.  13]. 

Sec.  736.  Playing  in  street,  etc. — Any  person  who  shall  in 
this  city  ride,  coast  or  slide  down  any  sidewalk  upon  any  wagon, 
sled,  sleigh,  or  board,  or  who  shall  in  any  highway  or  thorough- 
fare play  at  any  game  of  amusement  or  engage  in  any  sport  or 
exercise  likely  to  scare  horses,  injure  passengers  or  embarrass 
the  passage  of  vehicles  or  pedestrians,  shall  be  deemed  guilty  of 
a  misdemeanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  14]. 

Sec.  737.  Climbing  on  moving  car,  etc. — Any  person  who 
shall  in  this  city  jump  or  climb  upon  or  leave,  or  attempt  to  jump 
oj-  climb  upon  or  leave  any  street  car,  locomotive  engine  or  train 


ART.  I.  MISCELLANEOUS  OFFENSES.  509 

or  cars  thereto  attached,  while  in  motion,  unless  in  doing  so  he 
acts  in  compliance  with  law  or  by  permission  under  lawful  rules 
and  regulations  of  the  corporation  then  managing  such  street  car 
or  railway  line,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0. 
1897,  Chap.  50,  Art.  1,  Sec.  15]. 

Sec.  738.  Disturbing-  or  destroying  lamp  post,  lire  alarm, 
telegraph  poles,  etc. — Any  person  who  shall  in  this  city  wilfully 
or  negligently  injure,  cut,  break,  disturb,  dislocate,  remove,  de- 
stroy or  interfere  with  any  lamp  post,  bracket  or  gas  lamp,  or  fire 
alarm  box,  or  telegraph,  telephone,  electric  light,  district  mes- 
senger or  fire  alarm  pole  or  post,  or  the  wires  suspended  thereon 
or  attached  thereto,  shall  be  deemed  guilty  of  a  misdemeanor. 
[R.  0.  1897,  Chap.  50,  Art.  1,  See.  16]. 

Sec.  739.  Climbing  on  electric  light  poles. — Any  person  who 
shall  in  this  city  climb  or  attempt  to  climb  upon  any  of  the  elec- 
tric light  poles  or  towers  of  the  city  of  St.  Joseph,  except  em- 
ployes of  the  city  or  persons  duly  authorized  and  permitted  by 
proper  authorities,  shall  be  deemed  guilty  of  a  misdemeanor.  [R. 
0.  1897,  Chap.  50,  Art.  1,  Sec.  17]. 

Sec.  740.  Injuring  building,  post,  shade  trees,  etc. — Any 
person  who  shall  in  this  city  deface  or  injure  any  building,  fence, 
gate,  sign,  tree  box,  ornamental  or  shade  tree,  shrubbery,  lamp 
post,  street  fountain,  awning  post,  telegraph  pole,  or  any  other 
property  of  any  kind,  belonging  to  the  city  or  to  any  person,  by 
cutting,  breaking,  daubing  with  paint,  filth,  offal  or  any  other 
substance,  hitching  of  horses  or  other  animals,  throwing  of  stones 
or  other  missiles,  or  in  any  other  way  or  manner  deface,  injure 
or  tear  down  the  same,  or  commit  any  other  dirty  or  filthy  act 
by  throwing,  placing,  daubing  or  depositing  any  filth,  the  con- 
tents of  any  privy,  refuse,  manure,  animal  or  vegetable  matter 
in,  upon  or  about  any  such  property  or  premises,  shall  be  deemed 
guilty  of  a  misdemeanor.     [R.  O.  1897,  Chap.  50,  Art.  1,  Sec.  18]. 

,  Sec.  741.     Not  to  tear  up  bridge   or  change   creek. — Any 

person  who  shall  in  this  city  destroy,  tear  up  or  injure  any  bridge, 
culvert  or  other  improvement  made  or  constructed  by  or  under 
the  authority  of. this  city,  or  who  shall  change  the  channel  of  any 
water  course  so  as  to  cause  the  same  to  flow  against  oi-  upon  any 


510  REVISED  ORDINANCES.  CHAP.  XXXII. 

such  improvement,  shall  be  deemed  guilty  of  a  misdemeanor.  [R. 
O.  1897,  Chap.  50,  Art.  1,  Sec.  19]. 

Sec.  742.     Not  to  hitch  to  fence,  post,  shade  tree  or  hydrant. 

— Any  person  who  shall  in  this  city  hitch  or  fasten  any  animal 
to  any  railing,  fence,  ornamental  or  shade  tree  or  awning  post 
or  lamp  post  not  belonging  to  him  or  his  employer,  or  to  any 
street  hydrant  or  fire  plug,  shall  be  deemed  guilty  of  a  misde- 
meanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  See.  201 

Sec.  743.  Fire  hose,  penalty  for  driving  over. — Whenever 
any  hose  of  the  fire  department  is  laid  upon  any  street,  alley, 
avenue,  public  place  or  vacant  lot  for  the  purpose  of  being  used 
by  said  department,  it  shall  not  be  lawful  for  any  wagon,  carriage 
or  vehicle  of  any  kind,  street  railway  car,  locomotive  or  railroad 
ear  to  pass  over  the  same.  Any  owner,  driver  or  other  person  in 
charge  of  any  wagon,  carriage  or  other  vehicle,  street  railway 
car,  locomotive  or  railroad  car,  who  shall  knowingly  drive  or 
run  over,  or  cause  the  same  to  be  driven  or  run  over  such  hose, 
shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap.  50, 
Art.  1,  Sec.  21]. 

Sec.  744.  Not  to  drive  on  bridge  faster  than  a  walk. — Any 
person  who  shall  in  this  city  ride  or  drive  any  animal  on  any 
wooden  bridge  faster  than  a  walk,  shall  be  deemed  guilty  of  a 
misdemeanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  22]. 

Sec.  745.  Vehicles  not  to  be  driven  on  sidewalks,  etc. — Any 
person  who  shall  in  this  city  lead,  drive  or  ride  ain*  horse  or  other 
beast  of  burden,  or  shall  lead  or  drive  any  team  attached  to  a 
wagon  or  other  vehicle,  or  shall  draw,  push  or  place  any  such 
wagon  or  other  vehicle  upon  or  across  any  sidewalk  of  any  class 
or  any  curbing,  or  shall  tear  up  or  otherwise  injure  any  pave- 
ment or  sidewalk  or  curbing,  shall  be  deemed  guilty  of  a  mis- 
demeanor.    [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  23] 

Sec.  746.  Fast  driving,  leaving  animal  unfastened. — Any 
person  who  shall  in  this  city  ride  or  drive  any  animal  on  any 
street,  avenue,  alley  or  other  public  place  in  a  violent  or  furious 
manner,  or  shall  ride  or  drive  any  such  animal  so  as  to  cause 
such  animal  or  anv  vehicle  thereto  nttncliod  to  come  in  collision 


ART.  I.  MISCELLANEOUS  OFFENSES.  511 

with  or  strike  any  other  object  or  any  person,  or  shall  leave  any 
such  animal  standing  in  any  street,  avenue,  alley  or  public  place 
without  being-  fastened  or  so  guarded  as  to  prevent  its  running 
away,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897, 
Chap.  50,  Art.  1,  Sec.  24]. 

Sec.  747.  Vehicles  to  keep  to  the  right. — In  ail  cases  of 
persons  meeting  each  other  in  vehicles  in  any  highway  or  thor- 
oughfare in  this  city,  each  person  so  meeting  shall  in  all  cases 
go  to  the  right  side,  so  as  to  enable  such  vehicles  to  pass  each 
other  without  accident.  Any  person  who  shall  violate  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap. 
50,  Art.  1,  Sec.  25] . 

Sec.  748.  Cruelty  to  animals. — Any  person  who  shall  in  this 
city  over-drive,  over-load,  drive  when  over-loaded,  torture,  tor- 
ment or  unnecessarily  or  crually  beat,  or  needlessly  mutilate  or 
kill  any  dumb  animal,  or  expose  any  calves  or  sheep  upon  any 
street,  sidewalk  or  market  with  their  legs  tied,  or  shall  cause  or 
procure  to  be  over-driven,  over-loaded,  driven  when  over-loaded, 
ill  treated,  tortured,  tormented  or  unnecessarily  or  cruelly  beaten, 
or  needlessly  mutilated  or  killed,  as  aforesaid  any  dumb  animal,  or 
shall  cause  or  procure  any  calves  or  sheep  upon  any  street,  side- 
walk or  market,  to  be  exposed  with  their  legs  tied  as  aforesaid, 
shall  for  every  such  offense  be  deemed  guilty  of  a  misdemeanor. 
[R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  26]. 

Sec.  749.  Slaughtering  of  animals. — Any  person  who  shall 
in  this  city  kill  or  slaughter  beeves,  sheep,  hogs  or  othsr  animals, 
shall  be  deemed  guilty  of  a  misdemeanor;  Provided,  that  this 
shall  not  apply  to  regularly  established  beef  and  pork  packing 
houses  or  slaughter  houses.  [R.  0.  1897,  Chap.  50,  Art.  1,  See. 
27]. 

Sec.  750.  Cruelty  to  children. — Any  parent,  guardian  or 
other  person  having  the  care  or  custody  of  any  child  who  shall 
wilfully  cause  or  permit  the  life  of  such  child  to  be  endangered 
or  the  health  of  such  child  to  be  injured,  or  the  morals  of  such 
child  to  be  impaired,  or  who  shall  wilfully  cause  or  permit  such 
child  to  be  placed  in  such  a  situation,  business  or  occupation  that 
its  life,  health  or  morals  shall  be  injured,  or  who  shall  wilfully 
abandon  such  child,  or  shall  torture,  torment,  cruelly  ])unish,  or 


512  REVISED  ORDINANCES.  CHAP.  XXXII. 

wilfully  or  negligently  deprive  it  of  necessary  food,  c'othing  or 
shelter,  or  in  any  other  manner  shall  unnecessarily  injure  such 
child,  shall  for  every  offense  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  848,  Sec.  1]. 

Skc  751.  Teams  standing  at  5th  and  Edmond  streets  pro- 
hibited, penalty. — It  shall  be  unlawful  for  any  owner,  driver  or 
keeper  of  any  wagon,  buggy  or  vehicle  of  any  kind  or  description, 
to  stand  or  hitch  any  horse  or  team  to  which  is  atta'.-hed  any 
buggy  or  vehicle  for  a  longer  period  than  for  the  prompt  receipt 
or  discharge  of  goods  from  wagons,  or  for  the  prompt  receipt 
or  discharge  of  passengers  or  occupants  of  buggies,  wagons  or 
vehicles  on  Edmond  street  within  one  hundred  feet  east  or  west 
from  Fifth  street  or  on  Fifth  street  within  one  hundred  feet  from 
the  south  line  of  Fdmond  street,  it  being  the  Intention  of  this 
ordinance  to  relieve  as  far  as  possible  the  congested  condition  of 
street  traffic  at  this  corner.  Any  person  violating  the  provis- 
ions of  this  section  shall  upon  conviction  thereof  before  the  police 
judge  of  this  city  be  fined  in  a  sum  not  exceeding  two  hundred 
dollars.      [G.  0.  No.  804,  Sec.  1]. 

Sec.  752.  Throwing  or  dropping  weight  on  sidewalk  pro- 
hibited, penalty. — It  shall  be  unlawful  for  any  person  within  the 
city  of  St.  Joseph,  to  throw  down,  drop  or  dash  any  weight  or 
other  article  used  for  the  purpose  of  hitching  horses  or  any 
other  animal  on  the  sidewalk  or  curbs  of  the  city  of  St.  Joseph, 
in  such  a  manner  as  will  injure  or  crush  said  sidewalk  or  curb. 
Any  person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
before  the  police  judge  of  this  city  shall  be  fined  in  a  sum  not  to 
exceed  two  hundred  dollars.      [G.  0.  No.  768,  Sec.  1]. 

Sec.  753.  Standing  of  vehicles  and  machinery  en  streets 
prohibited. — It  is  hereby  declared  a  misdemeanor,  punishable  by 
fine,  for  any  one  to  leave  standing  upon  any  street,  alley  or  side- 
walk of  the  city  any  wagon,  buggy,  carriage,  or  machinery  of 
any  description,  excepting  all  wagons,  carriages  and  other  ve- 
hicles in  use  having  horses  or  other  animals  attached  thereto  and 
in  charge  of  a  driver,  and  after  notice  has  been  served  by  an 
officer  of  the  city  to  move  the  obstruction,  each  day  shall  be 
considered  a  separate  offense.     [G.  0.  No.  865,  Sec.  1]. 


ART.  I.  MISCELLANEOUS  OFFENSES.  513 

Skc.  754.  Prohibiting  certain  modes  of  advertising. — Any 
person  who  shall  in  this  city  in  or  upon  any  street,  avenue,  side- 
walk, alley,  public  square  or  public  park,  carry,  bear,  support 
or  place,  or  cause  to  be  carried,  borne,  supported  or  placed,  any 
banner,  sign,  transparency,  frame  work,  device  or  emblem  in- 
tended, or  purporting-  to  be  used  as  an  advertisement  or  publica- 
tion of  any  trade,  profession  or  business,  place  of  business,  office, 
store  or  occupation  whatever,  without  a  written  permit  from  the 
mayor,  and  any  person  who,  without  first  having  obtained  a 
license  as  a  pawnbroker,  shall  place,  keep  or  exhibit,  or  permit 
or  cause  to  be  placed,  kept  or  exhibited  in,  upon,  attached  to 
or  in  front  of  his  place  of  business  any  device,  sign,  banner,  trans- 
parency, framework  or  emblem  denoting  or  advertising  the  busi- 
ness or  calling  of  a  pawnbroker,  or  intended  or  purporting  to 
be  used  as  an  advertisement  of  the  business  or  calling  of  a  pawn- 
broker, shall  be  deemed  guilty  of  a  misdemeanor.  This  section 
shall  not  be  construed  so  as  to  prevent  or  prohibit  any  person  or 
corporation  from  advertising  their  business  or  callir-g  on  any 
wagon,  or  frame  of  a  wagon,  provided  such  advertisement  is 
done  in  a  manner  not  calculated  to  frighten  mules  or  horses,  or 
obstruct  or  interfere  with  the  passage  of  vehicles  or  pedestrians. 
[G.  0.  No.  589,  Sec.  1]. 

Sec.  755.  Posting  handbill,  notice,  etc. — No  person  shall  in 
this  city  paste,  tack,  nail,  post,  paint,  stamp  or  print  any  poster, 
hand  bill,  card,  advertisement  or  notice  of  any  kind  whatever, 
upon  any  wall,  fence,  house,  door  post,  either  private  or  public, 
without  first  having  obtained  permission,  in  writing,  from  the 
owner  or  agent  of  the  property  in  which  the  same  is  situated, 
and  every  person  so  offending  shall  be  deemed  guilty  of  a  mis- 
demeanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  30]. 

Sec.  756.     Circulars  and  handbills  not  to  be  thrown  on  street. 

— Any  person  who  shall  in  this  city  distribute  handbills,  circu- 
lars, cards,  or  advertising  device  of  any  kind  by  giving  them  to> 
any  person  passing  along  any  sidewalk  or  thoroughfare,  or  by 
throwing  them  upon  the  sidewalks,  gutters,  streets  or  public- 
thoroughfares,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.. 
0.  1897,  Chap.  50,  Art.  1,  Sec.  31]. 

Sec.  757.  Distributing  samples  of  merchandise,  handbills, 
etc.,    without   license — penalty. — It    shall   be    unlawful    for   any 

33 


514  REVISED  ORDINANCES.  CHAP.  XXXII. 

person  to  distribute,  in  this  city,  samples  of  merchandise,  hand- 
bills or  other  advertising  matter  without  first  having  obtained  a 
license  so  to  do,  and  the  charge  for  such  license  shall  be  fifteen 
dollars  per  year,  or  five  dollars  per  week.  Any  person  who  shall 
violate  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  five 
nor  more  than  fifty  dollars;  Provided,  that  this  section  is  not 
intended  to  prevent  any  resident  merchant  from  distributing  his 
own  samples  or  advertisements  except  as  in  the  next  preceding 
section  is  prohibited.     [R.  0.  1897,  Chap.  50,  Art    1,  Sec.  32]. 

Sec.  758.  Distribution  of  samples  of  medicines,  etc. — Any 
person  who  shall  in  this  city  distribute  samples  of  medicines, 
foods  or  other  proprietary  preparations,  by  handing  them  to  per- 
sons on  the  streets  or  thoroughfares,  or  by  leaving  any  of  said 
samples  in  the  yards  or  upon  the  premises  of  any  private  resi- 
dence or  school,  shall  be  deemed  guilty  of  a  misdemeanor.  [R. 
0.  1897,  Chap.  50,  Art.  1,  Sec.  33]. 

Sec.  759.  Drawing  water  from  public  cistern. — Any  person 
who  shall  take  or  draw  water  from  any  of  the  public  cisterns  of 
this  eity  for  private  use  or  waste,  or  shall  remove  the  cover  from 
the  opening  of  any  such  cisterns,  shall  be  deemed  guilty  of  a 
misdemeanor.      [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  34]. 

Sec.  760.  Removing  guard  from  dangerous  place. — Any 
person  who  shall  knowingly  or  wilfully  remove,  dest^-oy,  or  in- 
terfere with  any  barrier,  guard  or  light  placed  before  or  at  any 
dangerous  place  in  or  near  the  streets  or  thoroughfares  of  this 
city,  for  the  purpose  of  warning  or  protecting  travelers  or  other 
persons  who  may  be  exposed  to  injury  from  such  dangerous 
places,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897, 
Chap.  50,  Art.  1,  Sec.  35]. 

Sec.  761.  Leaving  rubbish  on  street  or  sidewalk — penalty. 
— Any  person  or  persons  who  shall  have  sidewalks  paved,  or  any 
improvements  done  on  their  lots,  who  shall  remove  broken  brick, 
rock,  earth  or  rubbish  of  any  kind  from  said  sidewalk,  or  from 
any  portion  of  their  lot  or  lots,  and  leave  the  same  on  any  street 
or  alley,  or  shall  leave  any  material  on  any  street  or  alley  longer 
than  is  actually  necessary  to  make  such  improvements,  shall  be 


ART.  I.  MISCELLANEOUS  OFFENSES.  515 

deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  lined  in  any  sum  not  to  exceed  fifty  dollars  foi  every  such 
offense,  and  a  like  sum  for  every  day  he  shall  allow  the  same 
to  remain  after  the  first  conviction.  [R.  0.  ISQI'  Chap.  50,  Art. 
1,  Sec.  36]. 

Sec.  762.  Barb  wire  fences  prohibited — penalty. — The  erec- 
tion or  maintenance  of  any  fence  composed  wholly  or  in  part  of 
barbed  wire,  upon,  along  or  about  any  lot  or  parcel  of  ground 
fronting  upon  or  adjoining  any  street,  alley,  avenue,  public  com- 
mon or  public  thoroughfare  in  this  city  is  hereby  prohibited.  All 
such  fences  now  existing  or  that  may  be  hereafter  erected,  are 
declared  to  be  nuisances,  and  every  owner  or  occupant  of  any  lot 
or  parcel  of  ground,  who  shall  maintain  or  erect  any  such  fence 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  less  than  five  nor  more  than  twenty- 
five  dollars.  Every  day  that  such  fence  shall  be  maintained 
after  conviction  thereof,  shall  constitute  a  separate  and  addi- 
tional offense.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  37]. 

Sec.  763.     Business  houses  not  to  be  kept  open  on  Sunday.— 

Any  person  who  shall  in  this  city  play,  on  Sunday,  at  billiards, 
ten  pins  or  other  game  of  amusement,  or  shall  on  that  day  keep  his 
store,  shop  or  other  place  of  business  open  or  sell  or  offer  to  sell 
any  goods,  wares  or  merchandise,  shall  be  deemed  guilty  of  a 
misdemeanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  38]. 

Sec.  764.  Swimming  restricted. — -Any  person  who  shall 
bathe  or  swim  in  the  Missouri  river  or  in  any  other  water  course, 
pond  or  pool  in  this  city  between  one  hour  of  sunrise  and  one 
hour  after  sunset  without  being  sufficiently  clothed  to  prevent 
improper  exposure  of  his  person  shall  be  deemed  guilty  of  a  mis- 
demeanor.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  39]. 

Sec.  765.  Escaping  from  custody. — Every  person  lawfully 
imprisoned  in  the  city  workhouse,  police  station,  or  other  place  of 
confinement,  or  held  in  custody  of  any  officer,  for  any  cause  what- 
ever, who  shall  escape  or  attempt  by  force  or  violence  to  any  per- 
son to  effect  his  escape  from  such  custody,  although  no  escape  be 
effected,  shall  be  deemed  guilty  of  a  misdemeanor.  [R.  O.  1897, 
Chap.  50,  Art.  1,  Sec.  40]. 


516  REVISED  ORDINANCES.  CHAP.  XXXII. 

Sec.  766.  Falsely  representing  an  officer. — Whoever  shall 
falsely  represent  himself  to  be  an  officer  of  this  city  or  of  the 
United  States  or  of  any  state,  county  or  city  within  the  United 
States,  or  shall,  without  being  duly  authorized,  exercise  or  at- 
tempt to  exercise  any  of  the  duties  or  functions  of  any  sach  officer, 
or  shall  hinder,  obstruct  or  otherwise  interfere  with  any  city  of- 
ficer in  the  discharge  of  his  official  duties,  shall  be  deemed  guilty 
of  a  misdemeanor.      [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  41]. 

Sec.  767.  Keeping  gambling  device,  etc.,  gambling. — "Who- 
ever shall  in  this  city  set  up  or  keep  any  gaming  table  or  gam- 
ing device,  at  Avhich  any  game  of  chance  shall  be  played  for 
money  or  property,  or  anything  representing  money  or  property, 
or  shall,  at  any  such  table  or  device,  or  at  any  game  of  chance  bet, 
win  or  lose  any  money  or  property,  or  anything  represtnting  the 
same,  or  shall  suffer  any  such  table  or  device  at  which  any  game  of 
chance  is  played  to  be  set  up  or  used  in  any  tenemeat  in  his  pos- 
session or  under  his  control  shall  be  deemed  gailty  of  a  misde- 
meanor, and  it  shall  be  the  duty  of  the  judge  of  the  police  court 
on  receiving  satisfactory  information  of  any  such  table  or  device 
being  so  set  up  and  used,  to  issue  his  warrant  to  the  chief  of  po- 
lice, commanding  him  to  destroy  the  same,  which  warrant  shall 
be  immediately  executed.     [R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  42]. 

Sec.  768.  Exposing  stallion. — No  person  shall  indecently  ex- 
hibit any  stud  horse,  jackass  or  bull,  or  let  any  su?h  horse  or  jack- 
ass to  any  mare,  or  any  bull  to  any  cow  within  the  limits  of  this 
city,  unless  in  some  inclosed  place  out  of  public  view ;  and  every 
person  so  offending  shall  be  deemed  guilty  of  a  misdemeanor. 
[R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  43] . 

Sec.  769.  Public  indecency,  obscene  books,  etc. — Any  person 
who  shall  in  this  city  appear  in  any  i)ublic  [>lace  in  a  state  of 
nudity,  or  in  any  indecent  or  lewd  dress,  oi-  sliall  inake  indecent 
exposure  of  his  or  her  person,  or  be  guilty  of  any  lewd  or  indecent 
act  or  behavior,  or  shall  exhibit,  sell  or  offer  to  sell  any  indecent 
or  lewd  book,  picture  or  other  thing,  or  shall  exhibit  or  perform 
any  indecent,  immoral  or  lewd  play  or  other  representation,  shall 
be  deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap.  50,  Art. 
1,  Sec.  44]. 


ART.  I.  MISCELLANEOUS  OFFENSES.  517 

Sec.  770.  Licentious  conduct  forbidden.— No  prostitute, 
courtesan  or  lewd  woman  shall,  within  the  limits  of  this  city,  by 
word,  sign  or  action,  ply  her  vocation  on  any  street,  alley  or  ave- 
nue of  the  city,  or  in  any  other  public  place,  or  at  any  door  or 
open  window  of  the  house  or  room  she  may  occupy ;  and  any  such 
prostitute,  courtesan  or  lewd  woman  who  shall  violate  the  provis- 
ions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.     [R. 

0.  1897,  Chap.  50,  Art.  1,  Sec.  45]. 

Sec.  771.  Keeping  bawdy  house. — Any  person  who  shall  in 
this  city  keep  or  maintain  a  bawdy  house,  house  of  ill-fame,  or  as- 
signation house  or  place  for  the  practice  of  fornication,  or  who 
shall  be  interested  in  any  such  house  as  proprietor  or  landlord,  or 
any  person  who  shall  use,  occupy  or  knowingly  permit  nny  house, 
building  or  tenement  owned  by  him  or  her,  or  under  his  or  her 
control,  to  be  used  or  occupied  as  a  bawdy  house,  house  of  ill- 
fame,  assignation  house  or  for  the  purposes  of  fornication,  shall 
be  deemed  guilty  of  a  misdemeanor.     [R.  0.  1897   Chap.  50,  Art. 

1,  See.  46]. 

I 
Sec.  772.  Inmate  or  boarder  in  bawdy  house. — Any  person, 
male  or  female,  who  shall  in  this  city  be  the  inmate  of  or  boarder 
or  lodger  in.  or  who  shall  in  any  way  contribute  to  the  support 
of  any  bawdy  house,  house  of  ill-fame,  assignation  house  or  other 
place  kept  or  maintained  for  the  practice  of  fornication,  shall  be 
deemed  guilty  of  a  misdemeanor.  [R.  0.  1897,  Chap.  50,  Art.  I, 
Sec.  47]. 

Sec.  773.  Frequenting  bawdy  house. — Any  person,  male  or 
female,  who  shall  at  any  time  in  this  city  be  found  in  or  frequent- 
ing or  loitering  about  any  bawdy  house,  house  of  ill-fame,  assigna- 
tion house  or  other  place  kept  or  maintained  for  the  practice  of 
fornication  shell  be  deemed  guilty  of  a  misdemeanor:  Provided, 
the  provisions  of  this  section  shall  not  be  construed  so  as  to  apply 
to  any  person  or  persons  showing  by  competent  proof  that  they 
visited  such  place  on  lawful  business.  [R.  O.  1897,  Chap.  50, 
Art.  1,  See.  48.] 

Sec.  774.  Same — reputation  of  house  in  evidence. — In  order 
to  convict  any  person  for  a  violation  of  any  of  the  provisions  of 
the  last  three  preceding  sections  the  character  of  such  house  or 


518  REVISED  ORDINANCES.  CHAP.  XXXII. 

place  may  be  established  by  proof  that  the  same  is  generally  re- 
puted to  be  a  bawdy  house,  house  of  ill-fame,  assignation  house  or 
a  place  for  the  practice  of  fornication.  [R.  0.  1897.  Chap.  50,  Art. 
1,  Sec.  49]. 

Sec.  775.    Permitting  weeds  to  remain  on  lot — penalty.— 

It  shall  be  unlawful  for  any  owner  or  other  person  in  charge  of  or 
having  control  or  management  of  any  lot  or  parcel  of  ground  in 
this  city  to  permit  weeds  to  grow,  or  remain  when  grown,  or  to 
remain  in  a  decaying  condition  after  being  cut  on  any  such  lot  or 
parcel  of  ground,  and  any  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  one  nor  more  than  tAventy-five  dollars  for  such 
offense ;  and  each  day  any  such  person  shall  violate  the  provisions 
of  this  section  shall  constitute  a  separate  and  distinct  offense. 
[R.  0.  1897,  Chap.  50,  Art.  1,  Sec.  50]. 

Sec.  776.  Pools,  ponds  and  filth  not  allowed  on  vacant  prop- 
erty— penalty. — It  shall  be  unlawful  for  any  owner  or  other  per- 
son in  charge  of  or  having  the  control  or  management  of  any  lot 
or  parcel  of  ground  within  this  city,  between  the  first  day  of  June 
and  the  last  day  of  September  of  each  year,  to  keep  or  permit 
any  pond  or  pool  of  water  upon  any  such  premises,  or  to  permit 
or  keep  any  rubbish  or  filth  of  any  kind  whatever  upon  any  such 
premises,  and  any  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars  for  such  offense ;  and 
each  day  such  person  shall  violate  the  provisions  of  this  section 
shall  constitute  a  separate  and  distinct  offense.  [R.  O.  1897, 
Chap.  50,  Art.  1,  Sec.  51]. 

Sec.  777.  Throwing  fruit  or  vegetable  substance  on  side- 
walk.— Any  person  who  shall  in  this  city  throw  or  place  upon  any 
sidewalk  or  crosswalk  any  part  of  fruit  or  vegetable  or  other  sub- 
stance which,  when  stepped  upon  by  any  person,  is  liable  to  cause 
him  or  her  to  slip  or  fall,  shall  be  deemed  guilty  of  a  misdemeanor. 
[R.  0.  1897,  Chap.  50,  Art.  I,  Sec.  .52]. 

Sec.  778.  Interfering  with  water  pipes  or  valves,  penalty.— 
If  any  person  shall  interfere  with  any  water  pipe  of  the  St.  Joseph 
Water  Company  without  the  consent  of  the  said   company  first 


ART.  I.  MISCELLANEOUS  OFFENSES.  519 

had  and  obtained,  by  tapping  the  same  or  by  making  any  connec- 
tion therewith,  or  shall,  without  such  permission,  interfere  with 
any  valve  or  connection  made  with  such  water  pipe  so  as  to  let 
the  water  into  any  service  pipe  or  turn  it  off  from  the  same,  such 
person  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  s\im  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars.  [R.  0.  1897,  Chap.  50,  Art.  1, 
Sec.  53]. 

Sec.  779.  Injuring  books,  etc.,  of  public  library,  penalty. — 
Any  person  who  shall  carry  away  without  authority,  wilfully  or 
maliciously  cut,  write  upon,  injure,  deface,  tear  or  destroy  any 
book,  periodical,  map,  newspaper,  plate,  engraving  or  other  prop- 
erty belonging  to  the  city  of  St.  Joseph,  and  constituting  part  of 
the  property  devoted  to  the  use  of  the  Free  Public  Libiary,  shall 
be  subject  to  a  fine  of  not  less  than  two  dollars  nor  more  than 
twenty-five  dollars,  and  the  cost  of  prosecution.  [R.  0.  1897, 
Chap.  50,  Art.  1,  Sec.  54]. 

Sec.  780.  Expectorating  in  street  cars  and  public  convey- 
ances prohibited. — It  is  hereby  declared  unlawful  for  any  person 
to  spit  or  expectorate  on  the  steps,  platform,  floor  or  any  portion 
of  the  inside  of  any  street  railway  car  or  other  public  conveyance 
used  for  the  purpose  of  conveying  passengers  in  the  city  of  St. 
Joseph.     [G.  0.  No.  598,  Sec.  1]. 

Sec.  781.  Use  of  filthy  cars  prohibited. — ^It  is  hereby  de- 
clared unlawful  for  any  street  car  company  or  any  person  own- 
ing or  operating  any  street  railway  or  other  public  conveyance 
for  passengers  in  said  city  to  use  for  conveying  passengers  any 
car  or  conveyance  unless  the  same  be  free  from  spit,  expectora- 
tion or  filth  of  every  kind.     [G.  0.  No.  598,  Sec.  2] . 

Sec.  782.  Penalty  for  violation. — Any  person  who  shall  vio- 
late or  fail  to  comply  with  any  provision  of  either  of  the  two  pre- 
ceding sections  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  for  each  offense  in  a  sum 
not  less  than  one  dollar  nor  exceeding  ten  dollars.  [G.  O.  No.  598, 
Sec.  3]. 


520  REVISED  ORDINANCES.  CHAP.  XXXII. 

Sec.  783.  Police  officers  to  enforce  ordinance. — It  is  hereby 
made  the  duty  of  all  police  officers  of  the  city  of  St.  Joseph  to  see 
that  the  provisions  of  this  ordinance  are  complied  with,  and  not 
violated,  and  to  take  all  proper  action  for  that  purpose.  [G.  O. 
No.  598,  Sec.  4] . 

Sec.  784.  Copy  of  ordinance  to  be  posted  in  cars. — It  is 
hereby  made  the  duty  of  all  street  car  companies,  or  any  persons 
owning  or  operating  street  railways  or  other  public  conveyance 
in  said  city,  to  post  a  copy  of  sections  780,  781  and  782  of  this  or- 
dinance in  all  ears  or  vehicles  for  public  conveyance,  or  to  post 
section  780  of  said  ordinance,  with  brief  statement  of  the  penalty 
attached  to  the  violation  thereof.      [G.  0.  No.  598,  Sec.  5]. 


ART.  II.  PENALTIES.  521 


ARTICLE     II 

PENALTIES. 


Section 

785.  Misdemeanor  defined. 

786.  Punishment     for     misdemeanor 

where   no    specific    penalty    is 
prescribed. 


Section 

787.     Penalty   when  nc    other  is  pre- 
sciibed. 


Sec.  785.  Misdemeanor  defined. — Whenever  the  tsrm  "mis- 
demeanor" is  used  in  any  orui nance  of  the  city  of  St.  Joseph  it 
shall  be  construed  to  mean  and  to  stand  in  lieu  of  ''violation  of 
ordinances."     ]R.  0.  1897,  Chap.  50.  Art.  2,  Sec.  1]. 

Sec.  786.  Punishment  for  misdemeanor  where  no  specific 
penalty  is  prescribed. — Any  person  who  shall  be  convicted  of  any 
misdemeanor  under  the  provisions  of  any  ordinance  of  the  city  of 
St.  Joseph,  in  case  where  no  penalty  is  otherwise  provided  or 
prescribed,  shall  be  fined  not  exceeding  two  hundred  dollars  for 
every  offense.      [R.  0.  1897,  Chap.  50,  Art  2,  Sec.  2] . 

Sec.  787.  Penalty  when  no  other  is  prescribed. — Whenever 
in  any  ordinance  the  doing  of  any  act,  or  the  omission  to  do  any 
act  or  duty,  is  declared  to  be  a  breach  thereof,  and  there  shall  be 
no  fine  or  penalty  prescribed  for  such  breach,  any  person  who 
shall  be  convicted  of  any  such  breach  shall  be  adjudged  to  pay  a 
fine  not  exceeding  two  hundred  dollars.  [R.  0.  1897,  Chap.  50, 
Art.  2,  Sec.  3]. 


522 


REVISED  ORDINANCES. 


CHAP.  XXXIII. 


CHAPTER     XXXIII. 


NUISANCES. 


Section 

788.  Privies;    penalty   for   neglecting 

to  provide. 

789.  Same;    location   and   manner   of 

building. 

790.  Time  for  emptying  privy  vaults. 

791.  Removal  of  dead  animals. 

792.  Storage     of     green     or     salted 

hides. 

793.  Cattle   and   swine  yards;   when 

offensive. 

794.  Deposit  of  offal,  filth,  etc. 

795.  Removal    of   putrid   and    offen- 

sive matter. 

796.  Rendering   of   tainted   or   dam- 

aged substance. 

797.  Nauseous   and  offensive  estab- 

lishments. 

798.  Offensive    grounds    and    prem- 

ises. 

799.  Foul  and  offensive  privies,   cel- 

lars, vaults. 

800.  Nuisances   on  property  of  non- 

residents, how  abated. 


Section 

801.  Sewers,     sewer     inlets,     vaults 

and  privies;  rubbish  not  to  be 
thrown   into. 

802.  Removal    of    house    dirt,     etc., 

license  for. 

803.  Throwing      rubbish,      etc.,       in 

street — permit   necessary. 

804.  Same;   persons  offending  liable. 

805.  Rubbish  to  be  removed,  how. 

806.  Penalty. 

807.  Health  officer  to  cause  city  to 

be  examined. 
SOS.     Certain    matters    declared   nui- 
sances. 

809.  May   be    abated    by    city,    costs 

taxed  against  property,  when. 

810.  Preceding    sections,    how    con- 

strued. 

811.  Steam      whistle      a      nuisance, 

when. 

812.  Penalty  for  violation. 


Sec.   788.     Privies,   penalty    for    neglect    to    provide. — The 

owner,  agent  or  occupant  having  in  the  charge  of  any  tenement 
used  as  a  dwelling,  or  for  lodging  purposes,  within  the  city  of  St. 
Joseph,  shall  furnish  the  same  with  a  suitable  privy,  sufficient  for 
the  accommodation  of  all  who  may  use  it.  Any  person  or  persons 
neglecting  to  comply  with  the  provisions  of  this  section*  shall  be 
subject  to  a  fine  of  ten  dollars  for  failing  to  comply  with  the  same 
within  a  reasonable  time  (not  to  exceed  thirty  days),  after  notice 
from  the  health  officer  of  said  city,  and  a  fine  of  five  dollars  for 
every  day's  neglect  and  failure  thereafter  to  comply  with  the  pi'o- 
visions  of  this  section.      [R.  0.  1897,  Chap.  51,  Sec.  1]. 


Sec.  789.     Same;  location  and  manner  of  building-. — If  any 

person  shall  erect  or  continue  any  ])riv3^  within  tAventy  feet  from 
any  street,  or  the  dwelling,  shop  or  well  of  any  other  person  in 
said  city,  unless  the  same  be  furnished  with  a  substantial  vault  at 
least  six  feet  deep,  and  made  tight,  so  that  the  contents  cannot 


NUISANCES.  523 

escape  therefrom,  and  sufficiently  secured  and  enclosed  he  shall 
be  subject  to  a  fine  of  not  less  then  ten  dollars,  and  a  like  fine  for 
every  week  he  shall  continue  the  same  after  the  first  conviction. 
[R.  0.  1897,  Chap.  51,  Sec.  2] . 

Sec.  790.  Time  when  privy  vault  may  be  emptied. — No 
privy  vault  shall  be  emptied  between  the  fifteenth  day  of  June 
and  the  fifteenth  day  of  September,  unless,  on  inspection,  the 
health  officer  shall  be  satisfied  that  the  same  is  necessary  for  the 
health  and  comfort  of  the  inhabitants ;  and  in  such  case  no  more 
of  the  contents  of  such  vault  shall  be  taken  away  than  shall  be 
necessary  for  present  safety  and  relief,  and  with  such  precau- 
tions relative  to  the  prevention  of  any  offensive  effluvia  as  the 
health  officer  shall  direct :  Provided,  no  privy  vault  within  this 
city  shall  be  opened,  nor  the  contents  thereof  disturbed  or  re- 
moved between  the  hours  of  3  o'clock  a.  m.  and  10  o'clock 
p.  m.,  of  any  day.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  be  subject  to  a  fine  of  not  less  than  five  dol- 
lars nor  more  than  one  hundred  dollars  for  every  offense.  [R. 
0.  1897,  Chap.  51,  Sec.  3]. 

Sec.  791.  Removal  of  dead  animals. — The  owner  or  posses- 
sor of  any  dumb  animal  which  may  die  within  the  city  shall, 
within  twenty-four  hours  thereafter,  cause  the  carcass  to  be  re- 
moved beyond  the  limits  of  the  city.  Any  person  violating  this 
section  shall  be  subject  to  a  fine  of  not  less  thaa  five  dollars  nor 
more  than  one  hundred  dollars.      [R.  0.  1897,  Chap.  51,  Sec.  4]. 

Sec.  792.  Storing  green  or  salted  hides. — No  person  shall 
place  or*  store  any  green  or  salted  hides  in  any  store,  warehouse 
or  other  building  or  place  within  the  limits  of  this  city,  so  that 
odor  arising  from  said  hides  shall  annoy  or  disturb  the  occu- 
pants of  any  tenement  in  the  vicinity,  under  a  penalt}"  of  not  less 
than  five  dollars  nor  more  than  one  hundred  doUais,  and  a  like 
penalty  of  every  day  the  same  shall  be  continued  after  the  first 
conviction.      [R.  0.  1897,  Chap.  51,  Sec.  5]. 

Sec'  793.  Offensive  pens  for  cattle  or  hogs. — Any  person  or 
persons  who  shall  own,  keep  or  use  any  yard,  pen,  place  or  prem- 
ises, in  or  upon  which  any  number  of  cattle  or  swine  shall  be 
so  kept  as  to  be  offensive  to  those  residing  in  the  vicinity,  or  an 


524  REVISED  ORDINANCES.  CHAP.  XXXIII. 

annoyance  to  the  public,  shall  be  deemed  the  author  of  a  nuisance, 
and  on  conviction  shall  be  subject  to  a  fine  of  not  lest,  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  to  a  like  fine  for 
every  day  he  or  they  shall  neglect  or  refuse  to  abate  such  nuisance 
after  a  conviction  for  the  first  offense.  [R.  0.  1897,  Chap.  51, 
Sec.  6]. 

Sec.  794.  Offal,  rubbish,  filth,  slops,  etc. — Any  distiller,  tan- 
ner, brewer,  butcher,  pork  and  beef  packer,  soap  boiJer,  tallow- 
chandler,  dyer,  livery  stable  keeper,  or  other  person  whatsoever, 
who  shall  cause  or  suffer  any  offal,  manure,  rubbish,  filthy  still 
slops,  or  any  refuse  animal  or  vegetable  matter,  or  any  foul  or 
nauseous  liquor  to  be  discharged  out  of,  or  flow  from  any  premises 
owned  or  occupied  by  him,  or  be  thrown  into,  deposited  or  left 
in  any  stream  of  water  within  the  limits  of  this  city,  the  Missouri 
river  excepted,  or  in  or  upon  any  street,  alley,  avenue,  -  public 
square,  vacant  lot,  wharf  or  river  bank  in  said  city,  shall  be  sub- 
ject to  a  fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  for  every  offense.      [R.  0.  1897,  Chap,  51,  Sec.  7]. 

Sec.  795.  Offensive  matter  to  be  removed. — No  person  shall 
permit  or  suffer  any  substance  of  the  nature  mentioned  in  the  pre- 
ceding section,  which  is  liable  to  become  putrid  or  offensive  or 
injurious  to  the  public  health,  to  remain  on  any  premises  owned 
or  occupied  by  him  in  this  city  for  a  longer  period  than  twenty- 
four  hours  at  any  one  time,  from  the  first  day  of  March  to  the  first 
day  of  November  in  any  year,  or  exceeding  forty-eight  hours 
during  any  other  part  of  the  year,  but  the  same  shall  be  removed 
or  buried  within  the  time  above  designated.  Any  person  who 
shall  violate  any  provision  of  this  section  shall  be  subject  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars for  every  offense,  and  to  a  like  fine  for  every  day  the  same 
shall  be  allowed  to  remain  after  a  conviction  for  the  first  offense. 
fR.  0.  1897,  Chap.  51,  Sec.  8]. 

Sec.  796.  Offensive  smells  from  rendering,  etc.— No  person 
shall  steam  or  boil  or  in  any  way  render  any  offal,  tainted  or 
damaged  lard  or  tallow,  or  steam  or  render  any  animal  sub- 
stance in  such  a  manner  as  to  occasion  any  offensive  smell,  or 
which  will,  by  undergoing  such  process,  so  taint  the  air  as  to 
render  it  unwholesome  or  offensive  to  the  smell,  within  the  limits 


NUISANCES.  525 

of  this  city.  Any  person  who  shall  violate  any  provision  of  this 
section  shall  be  subject  for  each  offense  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars.  [R  0.  1897, 
Chap.  51,  Sec.  9]. 

Sec.  797.  Foul  or  offensive  establishments. — Any  owner  or 
occupant  of  any  tallow  chandler's  shop,  soap  factory,  tannery, 
distillery,  livery  stable,  cattle  yard  or  shed,  barn,  packing  house, 
slaughter  house  or  rendering  establishment  within  this  city,  who 
shall  suffer  the  same  to  become  nauseous,  foul  or  offensive,  shall 
be  fined  in  a  sum  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  in  every  case.      [R.  O.  1897,  Chap.  51,  Sec.  10]. 

Sec.  798.  Offensive  grounds. — If  any  person  shall  own,  oc- 
cupy or  keep  any  grounds  or  other  premises  within  this  city  in 
such  conditions  as  to  be  offensive  and  a  nuisance  to  the  neigh- 
borhood, he  shall  be  subject  to  a  fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars,  and  to  a  like  fine  for  every 
day  such  nuisance  shall  continue  after  the  first  conviction.  [R. 
O.  1897,  Chap.  51,  Sec.  11]. 

Sec.  799.  Sinks,  sewers  and  vaults,  etc. — If  any  person  shall 
suffer  or  permit  any  cellar,  vault,  private  drain,  pool,  privy,  sewer 
or  sink  upon  any  premises  belonging  to  or  occupied  by  him,  within 
this  city,  to  become  nauseous,  foul,  offensive  or  injurious  to  the 
public  health,  he  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  in  e'^^ery  case,  and  to 
a  like  fine  for  every  day  the  same  shall  continue  after  the  first 
conviction.      [R.  O.  1897,  Chap.  51,  Sec.  12]. 

Sec:  800.  Nuisance  on  property  of  non-resident. — Whenever 
any  non-resident  owning  real  estate  or  other  property  within  the 
corporate  limits  of  the  city,  shall  permit  a  public  nuisance  to 
exist  thereon,  it  shall  be  the  duty  of  the  street  commissioner  to 
abate  said  nuisance,  and  the  property  shall  be  held  liable  for  the 
full  amount  of  the  cost  of  abating  said  nuisance.  [R.  0.  1897, 
Chap.  51,  Sec.  13]. 

Sec.  801.     Refuse  matter  not  to  be  thrown  in  sewer,  etc.— 

No  person  shall,  in  this  city,  deposit  or  throw  into  any  sewer, 
sewer  inlet   or  privy  vault  which  has   a  sewer  connection,   any 


526  REVISED  ORDINANCES.  CHAP.  XXXIII. 

animal  or  vegetable  substance,  or  any  straw,  hay,  ashes,  soot  or 
any  article  or  substance  whatever.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  hs  fined  not  less 
than  five  dollars  nor  more  than  five  hundred  <lollars  for  every 
such  offense.     [R.  0.  1897,  Chap.  51,  Sec.  11] . 

Sec.  802.     License  to  remove  house  dirt,  etc,  conditions  of. — 

No  person  shall,  in  this  city,  carry  in  a  public  street,  any  house 
dirt  or  house  offal,  either  animal  or  vegetable,  or  grease  or  bones 
or  other  refuse  substances,  unless  he  has  complied  with  the  pro- 
visions of  the  laws  and  ordinances  regulating  the  removal  of 
garbage  or  has  been  expressly  licensed  therefor,  by  the  board 
of  health^  upon  such  terms  and  conditions  as  said  board  may 
deem  that  the  health  and  interests  of  the  city  require.  [R.  0. 
1897,  Chap.  51,  Sec.  15]. 

Sec.  803.  Throwing  rubbish  in  street,  etc.,  permit  for. — No 
person  shall,  without  permission  from  the  board  of  health,  throw 
into  or  leave  in  or  upon  a  street,  wharf,  public  enclosure,  vacant 
lot  or  pond,  or  other  body  of  water  within  the  city,  any  dead 
animal,  sweepings,  waste,  rubbish  or  filth  of  any  kind,  or  any 
refuse,  animal  or  vegetable  matter  whatever.  [R.  0.  1897,  Chap. 
51,  Sec.  16]. 

Sec.  804.  Same;  persons  offending  liable. — If  any  of  the 
substances  mentioned  in  the  next  preceding  secliou  are  thrown 
or  carried  from  a  house,  warehouse,  shop,  cellar,  yard  or  other 
place,  the  persons  who  actually  threw,  carried  or  left  the  same, 
or  who  caused  the  same  to  be  thrown,  carried  or  left,  shall  sever- 
ally be  held  liable  for  the  violation  of  the  said  section ;  and  all 
substances  so  thrown  or  carried  or  left,  shall  within  two  hours 
after  personal  notice  in  writing  to  that  effect  given  Dy  the  board 
of  health,  be  removed  by  such  owners,  occupants  or  other  pei-son 
from  the  place  where  they  have  been  so  thrown  or  left  as 
aforesaid ;  or  such  removal  shall  be  made  under  the  direction  of 
said  board  and  the  expenses  thereof  borne  by  such  owners  or 
occupants.     [R.  0.  1897,  Chap.  51,  Sec.  17]. 

Sec.  805.  Rubbish  to  be  removed,  how. — All  dirt,  sawdust, 
soot,  ashes,  cinders,  shavings,  hair,  shreds,  manure,  waste,  water 


NUISANCES.  527 

and  all  animal  or  vegetable  substances,  rubbish  or  Hith  of  any 
kind  in  a  house,  warehouse  or  other  building,  cellar,  yard,  unoc- 
cupied street,  alleyway  or  other  place  where  the  same  shall  be 
found,  shall  be  removed  within  twenty-four  hours,  or  such  other 
time  as  the  said  board  may  deem  reasonable,  after  notice  in  writ- 
ing to  that  effect  served  personally  upon  the  owner  or  occupant, 
or  upon  his  authorized  agent,  by  the  street  commissioner  or  such 
other  person  as  the  board  of  health  may  direct,  or  left  at  the 
owner's,  occupant's  or  agent's  last  and  usual  place  of  abode,  if 
the  same  is  known  and  is  within  the  state ;  or  such  removal  shall 
be  made  under  the  direction  of  the  board  of  health,  and  the  ex- 
pense thereof  borne  by  the  owner  or  occupant.  No  person  re- 
moving any  of  the  substances  named  in  this  section  shall  suffer 
it  to  leak,  escape  or  drop  from  any  vehicle  by  him  owned  or 
driven,  into  or  upon  the  street,  court,  square,  lane,  alley,  wharf 
or  vacant  lot  within  the  limits  of  this  city.      [R.  0.  1S97,  Chap. 

50,  Sec.  18]. 

Sec.  806.  Penalty. — ^Any  person  who  shall  fail  or  neglect  to 
comply  with  any  or  either  of  the  foregoing  requirements  of  this 
chapter,  or  who  shall  violate  any  section,  clause  or  provision  of 
any  of  the  preceding  sections  thereof,  where  no  penalty  is  speci- 
ally imposed,  shall  on  conviction  pay  a  fine  of  not  less  than  two 
dollars  nor  more  than  one  hundred  dollars.     [R.  0.  1897,  Chap. 

51,  Sec.  19]. 

Sec.  807.  Police  shall  examine  city  and  report  violations, 
when, — For  the  purpose  of  carrying  the  foregoing  provisions  into 
effect,  it  shall  be  the  duty  of  the  chief  of  police,  whenever  re- 
quired by  the  board  of  health,  to  detail  a  sufficient  number  of  the 
police  force,  to  be  under  the  control  of  the  health  officer,  to  make 
from  time  to  time,  and  as  often  as  may  be  required,  a  thorough 
and  systematic  examination  of  the  city,  and  to  ascertain  and 
report  to  the  proper  authority,  for  prosecution,  all  violations  of 
this  chapter ;  and  for  this  purpose  they  shall  be  permitted  at  all 
times  to  visit  and  enter  into  or  upon  any  building,  lot  or  grounds 
within  the  limits  of  this  city  and  make  examinations  thereof. 
[R.  O.  1897,  Chap.  51,  Sec.  20]. 

Sec.  808.  Certain  matters  declared  nuisances.^  4.mong  other 
things  and  acts  which  make  and  constitute  a  nuisance  in  the  city, 


528  REVISED  ORDINANCES.  CHAP.  XXXIII. 

the  following  shall  be  deemed  and  declared  to  be  nuisances  and 
injurious  to  the  public  health  when  existing  within  the  city  limits 
which  may  be  abated  by  the  city  in  the  manner  and  form  pre- 
scribed by  section  809  of  this  chapter:  Allowing  dead  or  de- 
caying animals,  fowls,  fish  or  flesh  of  any  kind  to  be  and  remain 
upon  any  premises  for  a  longer  period  than  twenty-four  hours ; 
the  storing  of  green  or  salted  hides  in  any  warehouse  or  other 
building  so  that  the  odor  arising  therefrom  shall  annoy  or  dis- 
turb the  occupants  of  any  tenement  in  the  vicinity;  the  keeping 
or  using  of  any  yard,  pen,  place  or  premises  in  or  upon  which 
any  swine,  cattle  or  fowls  shall  be  kept  so  as  to  be  offensive  to 
those  residing  in  the  vicinity  or  an  annoyance  to  the  public ;  the 
permitting  or  allowing  upon  any  premises  for  more  than  twenty- 
four  hours,  or  the  depositing  or  discharging  into  or  upon  any 
street,  or  alley,  or  into  any  ravine,  creek  or  river,  except  the 
Missouri  river,  any  offal,  manure,  rubbish,  filth,  still  slops,  or  any 
refuse  animal  or  vegetable  matter,  or  any  foul  or  uj^niseous  liquor 
from  any  lot,  private  house,  hotel,  barn,  stable  or  building  of  any 
kind,  distillery,  tannery,  brewery,  meat  shop,  pork  or  beef  pack- 
ing house,  soap  factory,  dyeing  establishment,  livery  stable,  cow 
shed,  cattle  yard,  tallow  chandler  shop,  slaughter  house  or  ren- 
dering establishment :  the  steaming,  boiling  or  in  any  way  render- 
ing of  any  offal,  tainted  or  damaged  lard  or  tallow  or  any  animal 
substance  in  such  a  manner  as  to  cause  an  offensive  od(  r  or  taint 
the  air  and  render  it  unwholesome ;  permitting  or  causing  any 
cellar,  vault,  privy,  private  drain,  sewer  or  sink,  on  any  premises 
to  be  nauseous,  foul  and  offensive;  permitting  or  allowing  any 
pond  or  pool  of  water  to  be  or  remain  upon  any  premises  between 
the  first  day  of  June  and  the  last  day  of  September :  permitting 
or  allowing  weeds  to  grow,  or  remain  after  being  cut.  Avhen 
grown  upon  any  lot  or  parcel  of  ground,  and  the  permitting  or 
allowing  upon  any  premises  any  and  all  other  substances  whether 
vegetable  or  animal  being  in  a  decaying  condition  which  emit  foul, 
nauseous,  poisonous,  unwholesome  or  disagree<ible  gjses,  odors 
or  effluvia.     [R.  0.  1897,  Chap.  50,  Sec.  21]. 

Sec.  809.  May  be  abated  by  city — costs  taxed  against  prop- 
erty, when. — If  any  nuisance  shall  be  caused  or  ])ei'mitted  to 
remain  or  be  maintained  upon  any  private  property  by  the  occu- 
pant or  owner  of  the  premises,  or  his  or  their  agents,  then  in  ad- 
dition to  the  fines  and  penalties  otherwise  prescribed  by  ordin- 


NUISANCES.  529 

auce  against  the  person,  owner  or  occupant  who  may  cause,  permit 
or  maintain  such  nuisance,  it  shall  be  the  duty  of  such  owner  or 
occupant  to  abate  such  nuisance  or  cause  the  same  to  be  abated 
within  twenty-four  hours  after  written  notice  being  served  by  the 
street  commissioner  or  any  health  officer  on  such  owner,  occu- 
pant or  his  or  their  agent  so  to  do,  and  if  such  person  shall  fail 
or  neglect  to  abate  such  nuisance  or  cause  the  same  to  be  abated 
within  such  time,  then  such  nuisance  may  be  removed,  or  abated 
in  a  summary  manner  by  the  city  of  St.  Joseph  and  the  costs  or  ex- 
penses incurred  by  the  city  in  removing  or  abating  such  nuisance 
within  the  city  limits  shall  be  assessed  against  the  owner  or  oc- 
cupant, if  caused  or  permitted  by  them  or  either  of  them  or  their 
agent,  and  the  same  shall  be  assessed  as  a  special  tax  bill  against 
the  property  upon  which  such  nuisance  may  be,  which  shall  be 
a  special  lien  against  such  property  in  the  same  manner  and 
with  the  same  effect  as  special  tax  bills  are  for  paving.  [R.  0. 
1897,  Chap.  51,  Sec.  22]. 

Sec.  810.  Preceding  sections,  how  construed. — Nothing  con- 
tained in  the  two  preceding  sections  shall  be  construed  to  relieve 
any  person  from  any  fine,  penalty,  burden,  duty  or  punishment 
otherAvise  prescribed  by  ordinance  for  the  commission  of  any 
misdemeanor  or  for  the  permitting,  causing  or  maintaining  any 
nuisance  within  the  city.     [R.  0.  1897,  Chap.  51,  Sec.  23]. 

Sec.  811.  Steam  whistle  a  nuisance,  when.  —The  making  of 
any  unusual  and  unnecessary  noise  by  means  of  any  steam  whistle 
or  other  device,  and  the  maintenance  thereof,  so  as  to  annoy,  in- 
convenience or  disturb  any  person  or  persons  or  impair  the  health 
or  comfortable  enjoyment  of  the  home  or  property  of  any  person 
or  persons,  is  hereby  declared  to  be  a  nuisance  and  unlawful. 
[G.  0.  No.  631,  Sec.  1]. 

Sec.  812.  Penalty  for  violation. — Any  person  violating  the 
provisions  of  the  preceding  section  shall  be  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  fined  in  a  sum  of  noL  less  than 
ten  dollars  nor  more  than  twenty-five  dollars.  [Gr.  0.  No.  631, 
Sec.  2].  -i 


84 


530 


REVISED  ORDINANCES. 


CHAP.  XXXIV. 


CHAPTER     XXXIV 


OFFICERS. 


Article 

I. 

Mayor. 

II. 

Comptroller 

III. 

Counselor. 

IV. 

Auditor. 

V. 

Treasurer. 

VI. 

City  clerk. 

VII. 

Assessor. 

Article 

VIII.     City  attorney. 
IX.     City  electrician. 

X.     City  engineer. 
XI.     Bonds  of  officers. 
XII.     Provisions    governing 
and   employes. 


officers 


ARTICLE     I 


MAYOR. 


Section 

813.  Mayor,   installation   of. 

814.  General  power  of   supervision. 

815.  Powers  in  case  of  riot. 

816.  Powers  in  case  of  paupers,   in- 

sane  or  idiots. 


Section 

817.  Vacancy  in  office  of  mayor, 
how  filled. 

SIS.  Mayor  may  grant  leave  of  ab- 
sence. 


Sec  813.  Mayor,  installation  of. — The  mayor  shall  take  the 
oath  of  office,  to  be  administered  by  the  city  clerk  or  other  officer 
authorized  to  administer  oaths,  in  the  presence  of  the  common 
council  and  so  many  citizens  as  may  desire  to  be  present,  on  the 
second  Monday  after  the  day  of  election,  at  the  hour  of  twelve 
o'clock  noon.     [R.  0.  1897,  Chap.  -16,  Sec.  1]. 

Sec  814.  General  power  of  supervision. — It  shall  be  the 
duty  of  the  mayor,  in  addition  to  the  duties  imposed  upon  him 
by  the  general  laws  of  the  state  of  Missouri,  to  exercise  a  general 
suj^ervision  over  all  the  departments  of  the  city  government,  and 
see  that  the  duties  appertaining  to  the  various  city  offices  are 
properly  performed.  He  may  call  upon  any  officer  for  informa- 
tion in  relation  to  the  business  of  his  office,  and  shall  report  to 
the  common  council  all  neglect  of  duty  on  the  part  of  any  city 
officer.     [R.  0.  1897,  Chap.  46,  Sec.  2]. 

Sec  815.  Powers  in  case  of  riot. — In  case  of  any  riot,  rout 
or  unlawful  assembly,  the  maj^or  shall  have  power  to  direct  the 


ART.  I.  MAYOR.  531 

action  of  the  police  force  of  the  city,  to  call  to  his  aid  ail  citizens 
in  suppressing  the  same,  and  in  case  of  urgent  necessity  to  em- 
ploy special  police.  He  shall  have  power  to  malce  arrests  in 
cases  where  he  shall  have  good  reason  to  believe  that  offenses 
have  been  or  are  about  to  be  committed,  and  to  summon  citizens 
to  his  aid  in  making  si,ich  arrests.     [R.  0.  1897,  Chap.  46,  Sec.  3]. 

Sec.  816.  In  case  of  paupers,  insane  or  idiots. — The  mayor 
shall  have  authority  to  direct  and  aid  in  the  removal  of  paupers 
from  the  city,  and  in  case  of  extreme  necessity  to  provide  for  their 
temporary  support.  He  shall  have  power  to  maks  prevision  for 
the  temporary  keeping  and  protection  of  idiots  and  insane  per- 
sons, when  unaccompanied  by  proper  guardians,  and  shall  take 
immediate  steps  to  have  them  transferred  to  the  proper  authori- 
ties. All  expenses  incurred  by  the  mayor,  in  performing  the 
duties  imposed  by  this  section,  shall  be  reported  to  the  common 
council.      [R.  0.  1897,  Chap.  46,  Sec.  4]. 

Sec.  817.  Vacancy  in  office  of  mayor,  how  filled. — Whenever 
any  vacancy  shall  happen  in  the  office  of  mayor,  by  death  or  any 
other  cause,  the  president  of  the  common  council,  who  shall  ex- 
ercise the  duties  of  the  mayor  for  the  time,  shall,  within  the  time 
and  under  the  regulations  prescribed  by  ordinance,  issue  his 
proclamation,  directing  a  special  election  to  be  held  to  fill  said 
vacancy.     [R.  0.  1897,  Chap.  46,  Sec.  5]. 

Sec.  818.  May  grant  leave  of  absence.  The  mayor  may,  in 
his  discretion,  grant  temporary  leave  of  absence  to  any  officer, 
upon  good  cause  shown,  and  no  officer  shall  leave  the  city  for  any 
cause  without  such  leave  of  absence  from  the  mayor,  under  the 
penalty  of  forfeiture  of  his  office.     [R.  0.  1897,  Chap.  46,  Sec.  6]. 


532 


KEVISED  ORDINANCES. 


CHAP.  XXXIV. 


ARTICLE     II 


COMPTROLLER. 


Section 

819.  General  duties. 

820.  Duty  in  case  of  defaulting  of- 

ficer. 

821.  Shall  deposit  proceeds  of  bonds. 

822.  '  Duty  as  to  property  of  the  city. 

823.  Report    to    council,    shall    state 

what. 

824.  To  certify  amount  of  money  to 

be  raised  by  taxation. 


Section 

825.  Countersign  licenses. 

826.  To  attend  sale  and  bid  on  real 

estate. 

827.  To   be   at   office   during   council 

meetings. 

828.  To  furnish  stationery. 

829.  Comptroller    may   appoint   dep- 

uty. 

830.  Appointment  may  be   canceled. 


Sec,  819.  General  duties. — It  shall  be  the  duty  of  the  city 
comptroller,  in  addition  to  the  duties  imposed  upon  him  by  the 
general  laws  of  the  state  of  Missouri,  to  exercise  a  general  super- 
vision over  all  the  officers  of  the  city  regarding  the  proper  man- 
agement of  the  fiscal  concerns  of  their  respective  offices.  He  shall 
examine  the  books  of  each  department  from  time  to  time,  and  see 
that  they  are  kept  in  proper  form.  He  shall  see  that  all  neces- 
sary reports  are  made  to  him  by  the  various  officers  of  the  city, 
that  officers  receiving  money  pay  the  same  into  the  city  treasury, 
when  thereto  required,  and  report  all  delinquents  to  the  mayor. 
[R.  0.  1897,  Chap.  20,  Sec.  1] . 

Sec.  820.  Same — in  case  of  defaulting  officer. — When  any 
officer  of  the  city  shall  become  a  defaulter,  it  shall  be  the  duty 
of  the  comptroller  to  direct  the  city  counselor  to  take  immediate 
legal  measures  for  the  recovery  of  the  amount  for  which  such 
officer  may  be  in  default.     [R.  0.  1897,  Chap.  20,  Sec.  2] . 

Sec.  821.  Shall  deposit  proceeds  of  bonds.— The  city  comp- 
troller shall  deposit  the  proceeds  of  all  sales  of  bonds  with  the 
city  treasurer,  immediately  after  he  shall  receive  the  same ;  and 
until  such  deposit,  he  shall  be  responsible  for  the  amount  thereof. 
[R.  0.  1897,  Chap.  20,  See.  3]. 


Sec.  822.    Duty  as  to  property  of  city. — He  shall  also  attend 
to  the  letting,  sale  or  other  disposition  of  property  belonging  to 


ART.  II.  COMPTROLLER.  533 

the  city,  and  to  the  collection  of  all  accounts,  rents  and  other 
moneys  due  the  city,  except  when  otherwise  provided  by  law  or 
ordinance.      [R.  O.  1897,  Chap.  20,  Sec.  4] . 

Sec.  823.  Report  of,  shall  state  what. — In  the  semi-annual 
report  to  the  common  council  required  of  the  comptroller  by  the 
general  laws  of  the  state  of  Missouri,  on  the  financial  condition 
of  the  city,  he  shall  give  a  full  and  detailed  account  of  all  re- 
ceipts and  expenditures  of  money  by  the  city  during  the  preced- 
ing half  year,  and  of  all  the  liabilities  of  the  city,  the  condition  of 
all  appropriations,  the  amount  of  money  on  hand  belonging  to 
each  of  the  different  funds  or  departments  of  the  city,  the  con- 
tracts unfulfilled,  the  balance  of  money  in  the  city  treasury  and 
the  sum  due  and  outstanding,  the  names  of  all  persons  who  have 
become  defaulters  to  the  city,  and  the  amounts  in  their  hands 
unaccounted  for,  and  a  statement  of  all  other  matters  necessary 
to  a  complete  exhibit  of  the  city's  financial  condition.  [R.  0. 
1897,  Chap.  20,  Sec.  5]. 

Sec.  821.  Shall  certify  amount  of  money  to  be  raised  by 
taxation. — He  shall  also,  at  the  first  meeting  of  the  common 
council  in  each  fiscal  year,  certify  the  amount  of  money  to  be 
raised  by  taxation  for  the  payment  of  bonds  and  coupons  matur- 
ing during  that  year,  as  required  by  the  general  laws  of  the  state 
of  Missouri,  and  an  estimate  of  the  amount  necessary  to  defray  the 
expenses  of  the  various  departments  of  the  city  gov^ernment  dur- 
ing the  year,  stating  separately  the  amount  required  for  each 
department.  He  shall,  with  said  estimate,  also  submit  a  state- 
ment of  all  contracts  made  or  authorized  by  the  common  council 
and  not  performed  or  completed  during  the  years  pre- 
ceding, and  upon  which  any  money  remains  uupaiJ  and  the 
amount  so  unpaid  on  each.  To  this  end,  ha  shall  require  from  the 
city  engineer  and  other  city  officers  and  heads  of  departments, 
such  information  as  he  shall  need  to  enable  him  to  fulfill  the 
duty  imposed  upon  him  herein.     [R.  0.  1897.  Sec.  6]. 

Sec.  825.  Countersign  licenses. — The  city  comptroller  shall 
countersign  all  licenses  issued  by  the  city  auditor,  and  keep  a 
complete  record  thereof  in  his  office.      [R.  0.  1897,  Sec   7]. 


534  REVISED  ORDINANCES.  CHAP.  XXXIV. 

Sec.  826.  To  attend  sales  and  bid  on  real  estate,  etc. — It 
shall  be  the  duty  of  the  comptroller  to  be  present  at  all  sales  of 
real  estate  sold  under  execution  upon  judgment  for  city  taxes, 
and  in  behalf  of  the  city,  bid  the  amount  of  the  jud^^ment,  interest 
and  costs  upon  each  lot  or  parcel  of  real  estate  exposed  for  sale, 
and  in  case  no  higher  bid  is  made,  to  have  the  same  struck  off 
and  sold  to  the  city.     [R.  0.  1897,  Sec.  8] . 

Sec.  827.  To  be  at  office  during  council  meetings. — ^The  city 
comptroller  shall  be  in  his  office  during  the  regular  monthly 
meetings  of  the  common  council,  and  during  special  meetings 
when  thereto  required  by  the  mayor  or  council,  to  perform  such 
duties  of  his  office  as  may  become  necessary  during  ^uch  meet- 
ings.    [R.  0.  1897,  Chap.  20,  Sec.  9]. 

Sec.  828.  To  furnish  stationery. — It  is  hereby  made  the  duty 
of  the  city  comptroller  to  keep  on  hand  at  all  times  a  sufficient 
quantity  of  general  office  stationery  and  office  supplies  for  the 
transaction  of  the  business  of  the  city,  and  to  issue  the  same  to 
the  different  departments,  on  requisition  from  the  officers  thereof. 
In  case  supplies  are  needed  which,  for  any  reason,  are  not  kept 
on  hand,  it  shall  be  the  duty  of  the  comptroller  to  issue  an  order 
to  the  head  of  the  department  applying  for  the  same,  for  its 
purchase,  such  order  to  be  attached  to  the  bill  for  the  goods  pur- 
chased thereunder,  and  no  bill  for  such  goods  shall  be  paid  with- 
out such  order  being  attached  thereto :  Provided,  that  the  order 
herein  required  shall  not  be  issued  by  the  comptroller  unless 
there  be  sufficient  funds  to  the  credit  of  the  department  named, 
not  otherwise  appropriated.  In  securing  such  stock  of  supplies 
and  in  replenishing  same,  the  comptroller  shall  receive  bids  from 
all  firms  dealing  therein  and  award  the  contract  to  the  lowest 
and  best  bidder.      [R.  O.  1897,  Chap.  20,  Sec.  10]. 

Sec.  829.  Comptroller  may  appoint  deputy. — The  comptrol- 
ler is  hereby  authorized  to  appoint  a  deputy  comptroller,  who 
shall  be  a  practical  bookkeeper  at  a  salary  not  to  exceed  twelve 
hundred  dollars  per  annum,  who  shall  perform  the  work  of  a 
bookkeeper  and  clerk  in  his  said  office,  and  who  may  act  as  deputy 
comptroller.      [R.  O.  1897,  Chap.  20,  Sec.  11]. 


ART.  II.  COMPTROLLER.  535 

Sec.  830.     Appointment  of  deputy  may  be  cancelled. — The 

appointment  of  a  deputy  by  the  comptroller  may  be  cancelled  at 
any  time  at  the  will  of  the  comptroller,  and  the  person  appointed 
shall  hold  such  appointment  at  the  will  of  the  comptroller,  and 
may  be  suspended  or  removed  at  any  time  by  the  comptroller. 
Such  deputy  before  entering  upon  the  duties  of  his  appointment 
shall  execute  a  bond  to  the  said  comptroller  to  be  approved  by  the 
comptroller,  in  the  sum  of  ten  thousand  dollars,  conditioned  for 
the  faithful  performance  of  all  the  duties  of  his  appointment, 
which  bond  shall  be  deposited  with  the  comptroller.  [R.  O.  1897, 
Chap.  20,  Sec.  12]. 


536 


REVISED  ORDINANCES. 


CHAP.  XXXIV. 


ARTICLE    III 


COUNSELOR. 


Section 

S31.     Duties  defined. 

832.  Assistant — duties. 

833.  Appointed — how. 


Section 
834.     Counselor  and  assistant  to  of- 
fice at  city   hall,   and  devote 
entire  time  to  duties. 


Sec.  831.  Duties  defined. — It  shall  be  the  diUy  of  the  city 
counselor,  in  addition  to  the  duties  imposed  upoc  him  by  the 
general  laws  of  the  state  of  Missouri: 

First.  To  advise  the  common  council  or  its  committees,  or 
any  city  officer,  when  thereto  requested,  upon  all  legal  questions 
arising  in  the  conduct  of  the  business  of  the  city. 

Second.  To  revise  all  ordinances  submitted  to  him  by  any 
committee  of  the  common  council  before  being  passed. 

Third.  To  give  his  opinion  in  writing,  when  thereto  re- 
quested, upon  any  matter  or  question  submitted  to  him  by  the 
common  council  or  any  of  its  committees,  or  any  city  officer. 

Fourth.  To  attend  all  regular  meetings  of  the  common  coun- 
cil, and  all  special  meetings  when  thereto  requested  by  the  mayor 
or  council. 

Fifth.  To  manage  and  conduct,  in  behalf  of  the  city,  all  con- 
demnation proceedings  before  the  mayor  of  the  city  and  upon 
appeal. 

Sixth.  To  collect  all  delinquent  taxes,  and  all  special  taxes 
for  opening  of  streets  and  alleys  or  for  repairs  of  sidewalks, 
keeping  a  complete  record  thereof  and  rendering  proper  accounts 
therefor ;  for  which  he  shall  receive  the  fees  as  provided  by  law. 


Seventh.     To  keep  a  complete  record  of  all  suits  brought 
against  the  city,  giving  the  names  of  the  parties,  the  court  where 


ART.  III.  COUNSELOR.  537 

brought,  the  nature  of  the  action,  the  disposition  of  the  case, and 
the  briefs  of  counsel,  and  to  deliver  such  record  to  his  successor 
in  office.      [R.  0.  1897,  Chap.  25,  Sec.  1]. 

Sec.  832.  Assistant  city  counselor,  duties. — There  is  hereby 
created  in  the  city  of  St.  Joseph  the  office  of  assistant  city  coun- 
selor whose  duties  shall  be  under  the  direction  of  the  city  coun- 
selor, to  assist  in  any  matters  pertaining  to  the  office  of  city  coun- 
selor. He  shall  be  under  the  direction  of  the  city  counselor  and 
shall  perform  all  such  duties  as  he  may  be  directed  to  perform  by 
the  city  counselor  and  all  the  duties  pertaining  to  the  office  of  city 
counselor  when  requested  by  the  mayor,  or  city  counselor,  and  in 
the  absence  from  the  city  of  the  city  counselor  shall  perform 
all  of  the  duties  of  the  office  of  city  counselor,  and  shall  attend  the 
meetings  of  the  common  council  when  directed  to  do  so  by  the 
mayor,  president  of  the  common  council  or  the  city  counselor. 
[G.  0.  No.  806,  Sec.  1]. 

Sec.  833.  Appointed,  how. — The  assistant  city  counselor 
shall  be  appointed  by  the  city  counselor.  The  first  appointment 
under  this  ordinance  shall  be  at  the  beginning  of  the  fiscal  year 
of  1903  and  he  shall  hold  his  office  during  the  pleasure  of  the 
city  counselor.     [G.  0.  No.  806,  Sec.  2]. 

Sec.  834.  Counselor  and  assistant  counselor  to  office  at  city 
hall  and  devote  entire  time  to  duties. — The  ciiy  counselor  and 
assistant  city  counselor  shall  be  furnished  a  suitable  office  at  the 
city  hall  and  after  the  third  Monday  in  April,  1903.  they  are 
hereby  required  to  devote  their  undivided  time  to  the  duties  of 
their  respective  offices.     [G.  0.  No.  805,  Sec.  IJ. 


538  REVISED  ORDINANCES.  CHAP.  XXXIV. 


ARTICLE     IV. 


AUDITOR  OF  CITY. 


Section 

835.  General  duties  of  city  auditor. 

836.  Warrants    to   be    countersigned. 

837.  Indebtedness   to   city   to  be   de- 

ducted. 

838.  To  strike  monthly  balance. 


Section 

839.  To  settle  with  finance  commit- 

tee. 

840.  Report  to  comptroUer. 

841.  Must    deliver    canceled    indebt- 

.edness. 

842.  May  appoint  deputy. 


Sec.  835.  General  duties  of  city  auditor. — It  shall  be  the 
duty  of  the  city  auditor,  in  addition  to  the  duties  imposed  upon 
him  by  the  general  laws  of  the  state  of  Missouri: 

First.  To  be  general  accountant  of  the  city,  and  as  such, 
to  receive  and  preserve  in  his  oiifice  all  city  account  books,  vouch- 
ers, documents  and  papers  relating  to  the  accounts  and  contracts 
of  the  city,  its  revenue,  debt  and  fiscal  affairs,  whether  said  ac- 
counts are  between  the  city  and  any  officer  thereof,  or  said  ac- 
counts and  contracts  are  between  the  city  and  any  person  or  body 
corporate,  except  where  said  books,  vouchers  or  documents  are, 
by  the  general  laws  of  the  state  of  Missouri  or  ordinances,  placed 
in  the  custody  of  some  other  officer. 

Second.  To  keep  a  day  book,  journal  and  ledger  in  which 
the  accounts  of  the  city  shall  be  kept  by  double  entry.  'I'he  city 
shall  be  represented  in  said  books  by  the  term  "city  revenue," 
and  all  moneys  coming  into  the  city  treasury,  shajl  be  entered 
upon  the  debit  side  of  the  city  revenue  account,  with  the  sources 
specified  from  which  said  revenue  is  derived;  and  all  ajipi-opria- 
tions  shall  be  entered  upon  the  credit  side  of  said  accounts,  with 
the  objects  stated  for  which  each  appropriation  is  made. 

Third.  To  keep,  in  proper  books,  the  accounts  between  the 
city  and  all  officers  charged  with  the  collection  or  custody  of 
public  moneys ;  entering  all  receipts  and  payments,  from  what 
source  derived,  and  on  what  account  paid. 

Foui'th.  To  keep  a  complete  record  of  all  branches  of  the 
city  revenue,  opening  an  account  with  every  fund,  which,  by  law 


ART.  IV.  AUDITOR.  539 

or  ordinance,  is  made  a  separate  fund,  crediting  the  same  with 
all  moneys  paid  into  the  city  treasury  on  account  thereof,  and 
charging  said  fund  with  all  api)ropriations  made  therefrom,  and 
all  warrants  drawn  thereon. 

Fifth.  To  keep  a  record  of  all  warrants  drawn  upon  the 
city  treasury,  specifying  the  number,  date,  amount  and  to  whom 
payable. 

Sixth.  To  keep  an  account  of  all  bonds  and  obligations  of 
the  city,  date  of  issue,  time  when  principal  and  interest  become 
due,  rate  of  interest,  and  to  whom  payable,  giving  a  registered 
number  for  each  bond  and  coupon. 

Seventh.  To  examine,  audit  and  adjust  all  accounts,  claims 
and  demands  for  or  against  the  city,  first  submitting  such  as 
amount  to  one  hundred  dollars  or  over  to  the  auditing  committee 
to  be  passed  upon,  and,  after  the  same  has  been  duly  examined 
and  passed  upon  with  all  accompanying  vouchers  and  documents, 
to  certify  the  balance  or  true  state  of  such  claim  or  document. 

Eighth.  To  keep  a  true  and  just  account  with  the  several 
different  revenue  districts,  the  city  treasurer  and  the  different 
funds  and  officers  of  the  city,  debiting  the  same  with  all  moneys 
paid  into  the  treasury  on  account  of  such  funds,  respectively, 
and  with  all  taxes  and  other  accounts  in  favor  of  such  funds, 
placed  in  the  hands  of  any  city  officer,  for  collection,  and  credit- 
ing the  same  with  all  appropriations  made  therefrom  by  ordinance, 
and  with  all  taxes  and  other  accounts  declared  by  the  common 
council  to  be  uncollectible. 

Ninth.  To  keep  separate  accounts  with  all  contractors  for 
public  works,  crediting  them  with  the  amount  of  their  respective 
contracts,  certified  by  the  city  engineer,  and  charging  them  with 
all  sums  paid  them  by  the  city  on  account  thereof.  [R.  0.  1897, 
Chap.  7,  Sec.  1]. 

Sec.  836.  Warrants  to  be  countersigned. — Every  warrant 
drawn  by  the  city  auditor  upon  the  city  treasurer,  shall,  before 
becoming  valid,  be  presented  to  the  city  comptroller  to  be  coun- 
tersigned as  required  by  the  generMl  laws  of  the  state  of  Mis- 
souri.    [R.  0.  1897,  Chap.  7,  Sec.  2j. 


540  REVISED  ORDINANCES.  CHAP.  XXXIV. 

Sec.  837.  Indebtedness  to  city  to  be  deducted. — The  city 
auditor  shall  not  draw  a  warrant  upon  the  city  treasurer  in  favor 
of  any  person  indebted  to  the  city,  except  for  the  amount  due 
such  person  in  excess  of  any  such  indebtedness,  nor  in  favor  of 
any  officer  who  is  in  arrears  to  the  city.  [R.  O.  1897,  Chap.  7, 
Sec.  3]. 

Sec.  838.  To  strike  monthly  balance. — At  the  close  of  the 
last  day  of  each  month,  the  city  auditor  shall  strike  a  balance 
upon  each  account  between  the  city  and  all  persons  or  bodies 
corporate  with  which  it  has  accounts,  preparatory  to  making  his 
monthly  report  to  the  city  comptroller,  as  required  by  ordinance. 
[R.  0.  1897,  Chap.  7,  Sec.  4]. 

Sec.  839.  To  settle  v/ith  finance  committee. — The  city  audi- 
tor shall  make  monthly  settlements  with  the  finance  committee 
of  the  common  council,  and  shall,  at  such  settlements,  surrender 
to  said  committee  all  bonds,  coupons,  warrants  and  other  evi- 
dences of  debt  against  the  city  that  have  been  canceled  and  re- 
turned to  him  by  the  city  comptroller  or  other  officer,  taking 
from  said  committee  duplicate  receipts  therefor,  one  to  be  deliv- 
ered to  the  city  comptroller  and  the  other  retained.  [R.  0.  1897, 
Chap.  7,  Sec.  5]. 

Sec.  840.  Shall  report  to  comptroller. — The  city  auditor 
shall,  on  the  first  Monday  of  each  mouth,  make  a  detailed  report 
to  the  city  comptroller  of  the  business  of  his  office  during  the 
month  preceding,  showing  the  amount  and  different  kinds  of 
canceled  indebtedness,  and  the  vouchers  received  by  him  during 
the  month,  together  with  such  other  matters  and  facts  as  the 
comptroller  may  require.     [R.  0.  1897,  Chap.  7,  Sec.  6]. 

Sec.  841.  Must  deliver  canceled  indebtedness. — The  city 
auditor  shall,  before  making  his  report  to  the  comptroller,  deliver 
all  canceled  indebtedness  and  vouchers  received  by  him,  during 
the  preceding  month,  to  the  finance  committee  of  the  common 
council,  taking  duplicate  receipts  therefor,  one  to  be  filed  with 
the  city  compti-oller  and  the  other  retained.  [R.  0.  1897,  Chap. 
7,  Sec.  7]. 


ART.  IV.  AUDITOR.  541 

Sec.  842.  Auditor  may  appoint  deputy. — The  city  auditor 
may,  by  an  instrument  in  writing,  under  his  hand,  appoint  a 
deputy,  who  shall  have  and  exercise,  under  the  supervision  of 
the  city  auditor,  all  the  powers  and  perform  any  of  the  duties 
of  the  city  auditor,  and  may  remove  said  deputy  at  his  pleasure. 
The  city  auditor  and  his  securities  shall  be  responsible  on  his  offi- 
cial bond  for  all  acts  done  or  omitted  by  such  deputy,  in  the 
same  manner  as  for  his  own  acts  or  omissions.  [R.  O.  1897,  Chap. 
7,  See.  8]. 


542 


REVISED  ORDINANCES. 


CHAP.  XXXIV. 


ARTICLE     V. 


TREASURER,  CITY. 


Section 

843.  Treasurer,    general   duties. 

844.  Report  to  comptroller. 

845.  May  employ  clerk. 

846.  Bond  of  treasurer. 

847.  Tax   receipts,    how    issued,    etc. 

848.  Shall  deposit  receipts,  how. 


Section 

849.  Checks  to  be  countei signed. 

850.  Daily  report   of   disbursement. 

851.  Tax    book    delivered    to    comp- 

troller, when. 

852.  Official   derelicticn,    penalty. 


Sec.  843.  General  duties. — It  shall  be  the  duty  of  the  city 
treasurer,  in  addition  to  the  duties  imposed  upon  him  by  the 
general  laws  of  the  state  of  Missouri : 

First.  To  keep,  in  proper  books,  by  double  entry,  a  full  and 
accurate  account  of  all  moneys  received  and  disbursed  by  him  in 
behalf  of  the  city,  specifying  the  time  of  receipt  and  disburse- 
ment, from  whom  received  and  to  whom  disbursed,  and  on  what 
account  received  and  disbursed,  and  how  paid. 

Second.  To  cancel  all  bonds,  coupons,  warrants  and  other 
evidences  of  debt  against  the  city,  whenever  paid  by  him,  by 
writing  or  stamping  across  the  face  thereof,  "Paid  by  the  City 
Treasurer,"  with  the  date  of  payment  written  or  stamped  thereon. 

Third.  To  keep  a  separate  account  of  each  fund  or  appro- 
priation, and  the  debts  and  credits  belonging  thereto. 

Fourth.  To  deliver  receipts,  as  city  collector,  for  all  moneys 
paid  to  him  for  licenses^  specifying  when  and  by  whom  paid  and 
on  what  account. 

Fifth.  To  make  settlements  with  the  city  auditor  at  the 
close  of  each  month,  of  the  amounts  received  and  paid  out  during 
the  month.     [R.  0.  1897,  Chap.  75,  Sec.  1]. 


Sec.  844.  Shall  report  monthly  to  comptroller. — The  city 
treasurer,  on  the  first  Monday  of  each  month,  shall  make  a  de- 
tailed report  to  the  city  comptroller  of  the  business  of  his  office 


ART.  V.  TREASURER.  543 

during  the  month  preceding,  showing  the  balance  on  hand  to 
the  credit  of  the  different  funds  at  the  time  of  his  last  report, 
the  amounts  received  during  the  month,  and  on  what  account, 
'together  with  such  other  items  and  facts  as  the  comptroller  may 
require.      [R.  0.  1897,  Chap.  75,  Sec.  2]. 

Sec.  845.  Treasurer  may  employ  clerk. — The  city  treasurer 
is  hereby  authorized  to  employ  a  clerk  in  his  office,  who  shall  be 
a  practical  bookkeeper  and  competent  to  perform  the  duties  of 
the  office  in  case  of  sickness  of  the  treasurer,  at  a  salary  not  to 
exceed  one  hundred  dollars  per  month.  [R.  0.  1897,  Chap.  75, 
Sec.  3]. 

Sec.  846.  Bond  of  treasurer. — The  official  bond  of  the  city 
treasurer  shall  be  fifty  thousand  dollars.  [R.  0.  1897,  Chap.  75, 
See.  4]. 

Sec.  847.  Tax  receipts,  how  issued,  etc. — The  city  treasurer 
shall  have  his  tax  receipts  printed  and  bound  with  duplicate  stubs 
attached  thereto,  numbered  to  correspond  respectively  with  the 
corresponding  tax  receipt.  Whenever  a  tax  receipt  is  issued,  one 
of  such  stubs  shall  be  retained  by  the  treasurer,  the  other  shall 
be  delivered  at  the  close  of  such  day's  business  to  the  city  comp- 
troller. Such  stubs  shall  each  contain  the  name  of  a  tax  payer, 
the  assessed  valuation,  amount  of  the  tax,  rebate  or  penalty  as 
the  case  may  be,  with  the  signature  of  the  treasurer.  The  comp- 
troller shall  charge  the  treasurer  with  the  amount  received  as 
indicated  by  such  stub,  and  file  the  same  for  reference.  [R.  0. 
1897,  Chap.  75,  Sec.  5]. 

Sec.  848.  Shall  deposit  receipts,  how. — The  treasurer  shall 
deposit  daily  the  whole  amount  received  during  such  day  with 
the  city  depository  and  shall  take  duplicate  receipts  for  the 
same,  one  of  which  shall  be  delivered  to  the  city  auditor  and  the 
other  to  the  city  comptroller,  daily.     [R.  0.  1897,  Chap.  75,  Sec.  6]. 

Sec.  849.  Checks  to  be  countersigned. — Money  needed  by 
the  treasurer  in  disbursements  on  warrants  or  requisition  shall 
be  drawn  out  of  the  city  depository  on  his  cheeks,  countersigned 
by  the  auditor  and  approved  by  the  signature  of  the  comptroller. 


544  REVISED  ORDINANCES.  CHAP.  XXXIV. 

and  the  city  depository  shall  not  honor  or  pay  any  check  not  so 
drawn,  countersigned  and  approved.  [R.  0.  1897,  Chap.  75, 
Sec.  7]. 

Sec.  850.  Daily  report  of  disbursements. — It  shall  be  the 
duty  of  the  treasurer  to  make  a  daily  report  to  the  comptroller 
of  the  amount  of  his  disbursements,  which  report  shall  be  ac- 
companied by  the  canceled  indebtedness,  which  the  comptroller 
shall  turn  over  to  the  city  auditor  at  the  end  of  each  month.  [R. 
0.  1897,  Chap.  75,  Sec.  8]. 

Sec.  851.     Tax  book  delivered  to  the  comptroller,  w^hen. — On 

the  closing  of  the  tax  collections  of  each  fiscal  year,  the  land  tax 
book  shall  be  turned  over  by  the  collector  to  the  comptroller. 
[R.  0.  1897,  Chap.  75,  Sec.  9]. 

Sec.  852.  Official  dereliction — penalty. — If  the  treasurer 
shall  fail  to  perform  each  and  every  duty  hereinbefore  imposed, 
or  shall  fail  to  pay  over  each  and  every  day  all  moneys  coming 
into  his  hands  as  treasurer  to  the  city  depository,  or  if  he  shall 
draw  or  attempt  to  draw  any  money  from  the  city  depository 
except  upon  his  checks,  countersigned  and  approved  as  herein- 
before provided,  he  shall  forfeit  his  office  and  all  the  pay  and 
emoluments  thereof.     [R.  0.  1897,  Chap.  75,  Sec.  10]. 


ART.  VI. 


CLERK. 


545 


ARTICLE     VI. 


CLERK— CITY   CLERK. 


Section 

853. 

General  duties. 

854. 

To   keep    a    record    of    proceed- 

ings. 

855. 

Copies    of    papers    to    be    fur- 

nised,    fees   for. 

856. 

Shall  endorse  papers  filed. 

857. 

May  appoint  deputy. 

Section 

858.  To    be    custodian    of    laws    and 

ordinances. 

859.  Shall     deliver    laws    and    ordi- 

nances to  whom. 

860.  Clerk  may  sell  copies,  proceeds 

to    be    deposited    with    treas- 
urer. 


Sue.  853.  General  duties. — It  shall  be  the  duty  of  the  city 
clerk,  in  addition  to  the  duties  imposed  upon  him  by  the  general 
laws  of  the  state  of  Missouri : 

First.  To  permit  no  records,  public  papers  or  other  docu- 
ments of  the  city,  kept  and  preserved  in  his  office,  to  be  taken 
therefrom,  except  by  such  officers  of  the  city  as  may  be  entitled 
to  the  use  thereof,  and  then  only  upon  their  leaving  a  receipt 
therefor. 

Second.  To  attest  all  ordinances  and  all  signatures  of  the 
mayor  when  necessary,  affix  the  seal  of  the  city  to  all  documents 
requiring  the  same,  and  to  sign  all  resolutions  adopted  by  the 
common  council. 

Third.  To  prepare  all  commissions  of  officers  which  the 
mayor  is  required  to  sign,  and  to  countersign  the  same  and  affix 
the  seal  of  the  city  thereto. 

Fourth.  To  keep  a  complete  record  of  all  commissions  is- 
sued, and  of  the  official  oaths  and  bonds  of  all  city  officers. 


Fifth.  To  cause  the  ordinances  and  an  abstract  of  all  council 
proceedings  to  be  published,  as  required  by  the  general  laws  of 
the  state  of  Missouri,  or  ordered  by  the  common  council,  and  to 
examine  and  correct  the  proof  thereof.  [R.  0.  1897,  Chap.  17, 
Sec.  1]. 

35 


546  REVISED  ORDINANCES.  CHAP.  XXXIV. 

Sec.  854.  To  keep  a  record  of  proceedings. — The  city  clerk 
shall  record  all  resolutions  and  ordinances  passed  by  the  common 
council  which  shall  become  laws,  and  all  petitions  under  which 
the  common  council  shall  order  public  work  to  be  done  at  the 
expense  of  the  property  fronting  thereon.  Such  records  of  reso- 
lutions, ordinances,  petitions  and  the  record  of  the  proceedings 
of  the  common  council,  shall  be  properly  indexed  by  the  clerk. 
[E.  0.  1897,  Chap.  17,  Sec.  2] . 

Sec.  855.  Copies  of  papers  to  be  furnished,  fees  for. — The 
city  clerk  shall  not  be  obliged  to  furnish  written  copies  of  ordin- 
ances or  other  papers  for  the  use  of  any  city  officer  or  other 
person ;  but  upon  request  of  any  city  officer  he  shall,  without 
charge,  attest  any  copy  of  any  paper,  document  or  record  pre- 
sented to  him,  and  affix  the  seal  of  the  city  thereto.  He  shall  be 
entitled  to  receive  fifty  cents  for  every  certificate,  with  seal 
affixed,  made  for  individual  use,  and  shall  be  allowed  to  charge 
at  the  rate  of  ten  cents  per  hundred  words  for  copying  all  ordin- 
ances, papers,  records  or  council  proceedings  desired  for  indi- 
vidual use,  to  be  paid  by  the  party  ordering  the  same.  [R.  0. 
1897,  Chap.  17,  See.  3]. 

Sec.  856.  Shall  endorse  papers  filed. — On  every  paper  or 
document  filed  in  the  office  of  the  city  clerk,  he  shall  endorse  the 
date  of  such  filing,  together  with  an  abstract  of  the  contents  of 
such  paper  or  document.     [R.  0.  1897,  Chap.  17,  Sec.  4]. 

Sec.  857.  May  appoint  a  deputy. — The  city  clerk  may.  by  an 
instrument  in  writing,  under  his  hand  appoint  a  deputy,  who  shall 
have  and  exercise  under  the  supervision  of  the  city  clerk,  all 
the  powers  and  perform  any  of  the  duties  of  the  city  clerk,  and 
may  remove  such  deputy  at  his  pleasure.  The  city  clerk  and 
his  securities  shall  be  responsible  on  his  official  bond  for  all  acts 
done  or  omitted  by  such  deputy,  in  the  same  manner  as  for  his 
own  acts  or  omissions.  The  salary  of  such  deputy  city  clerk 
shall  be  $1,200.00  per  annum,  payable  monthly  as  other  officers 
are  paid.     [G.  0.  No.  815,  Sec.  5] . 

Sec.  858.  To  be  custodian  of  laws  and  ordinances. — The  city 
clerk  shall  be  the  custodian  and  responsible  person  for  the  safe 
keeping  of  all  bound  and  printed  copies  of  the  laws  and  ordin- 


ART.  VI.  CLERK.  547 

ances  of  the  city  of  St.  Joseph,  and  whenever  the  delivery  thereof 
shall  be  made  to  him  by  the  printer,  binder  or  other  person,  he 
shall  forthwith  furnish  to  the  comptroller  a  statement  showing 
the  nature  and  numbers  of  such  delivery.  [R.  0.  1897,  Chap, 
17,  Sec.  6]. 

Sec.  859.  Clerk  shall  deliver  laws  and  ordinances  to  whom. 
— Upon  receiving  a  receipt  therefor,  in  a  proper  book  prepared 
for  that  purpose,  the  city  clerk  shall  deliver  such  laws  and  ordin- 
ances to  the  following  named  officers  of  the  city  and  other  offi- 
cials, to  wit:  One  each  to  the  counselor,  comptroller,  engineer, 
chief  of  police,  assessor,  inspector  of  licenses,  street  commis- 
sioner, health  officer,  superintendent  of  buildings,  electrician, 
market  master,  weigh  master,  superintendent  of  workhouse, 
boiler  inspector,  live  stock  inspector,  clerk  of  police  court,  board 
of  police  commissioners,  board  of  park  commissioners,  board  of 
library  directors,  board  of  health,  board  of  public  works,  board 
of  charities,  public  library,  state  library,  police  station,  each  hose 
liouse,  and  each  elective  officer  of  the  city,  to  the  mayors  of  other 
metropolitan  cities  when  applied  for  or  in  exchange  for  like  fa- 
vors, and  to  such  other  persons  or  officers,  without  payment  there- 
for, as  may  be  from  time  to  time  authorized  by  resolution  of  the 
common  council.      [R.  O.  1897,  Chap.  17,  Sec.  7]. 

Sec.  860.  Clerk  may  sell  copies,  proceeds  to  be  deposited 
with  treasurer, — Upon  application  therefor  the  city  clerk  may  sell 
and  deliver  to  any  attorney  or  other  citizen  of  St.  Joseph  a  copy 
of  such  laws  and  ordinances  for  a  price  not  less  than  the  actual 
cost  of  compilation,  printing  and  binding.  The  city  clerk  shall 
deposit  with  the  treasurer  all  moneys  received  from  books  so  sold ; 
he  shall  keep  a  record  of  every  copy  delivered,  or  sold,  and  shall 
report  to  the  comptroller  every  such  delivery  or  sale.  [R.  0. 
1897,  Chap.  17,  Sec.  8]. 


548 


REVISED  ORDINANCES. 


CHAP.  XXXIV. 


ARTICLE    VII 


ASSESSOR. 


Section 

861.  May  appoint  deputies. 

862.  All  property   to  be  assessed  at 

cash  value. 

863.  Real  property,   how  assessed. 


Section 

864.  Personal      property,      how     as- 

sessed. 

865.  Bank  stock,  etc.,  how  assessed. 

866.  Full  names  to  be  signed;   pen- 

alty. 


Sec.  861.  May  appoint  deputies. — The  city  assessor  shall 
have  the  power  to  appoint  one  or  more  deputies  for  eacli  ward  of 
the  city,  as  provided  by,  and  who  shall  be  subject  to  all  the  condi- 
tions and  provisions  of  Sec.  5574,  Revised  Statutes  of  Missouri  of 
1899.      [R.  0.  1897,  Chap.  4,  Sec.  1]. 

Sec.  862.  To  be  assessed  at  its  cash  value. — All  property 
whatsoever  shall  be  assessed  at  its  cash  value.  [R.  0.  1897,  Chap. 
4,  Sec.  2]. 

Sec.  863.  Real  property,  how  assessed. — In  assessing  real 
property  no  lot,  tract  or  parcel  of  land  shall  have  a  higher  valua- 
tion placed  on  it  than  the  valuation  placed  thereon  at  the  last  as- 
sessment made  for  county  and  state  purposes ;  but  to  such  valua- 
tion there  shall  be  added  by  the  assessor  the  value  of  all  improve- 
ments made  on  each  lot,  tract  or  parcel  of  ground  since  the  date  of 
last  assessment  made  for  state  and  county  purposes,  which  added 
valuation  shall  be  by  the  assessor  placed  in  a  separate  column  on 
the  city  land  tax  book.  And  to  determine  the  value  of  such  im- 
provement the  assessor  may  examine,  under  oath,  the  owner 
thereof,  and  such  other  competerit  persons  as  he  may  deem  proper. 
[R.  0.  1897,  Chap.  4,  Sec.  3]. 

Sec.  864.  Personal  property,  how  assessed. — In  assessing 
personal  property  the  assessor  or  a  deputy  shall,  as  far  as  possi- 
ble, visit  the  residence  or  place  of  business  of  each  person  owning 
personal  property,  and  require  such  person  to  list  all  personal 
property  owned  by,  or  in  possession  of,  or  under  the  control  of 
such  person,  separating  and  placing  each  kind  of  property  in  the 
space  designated  on  such  list,  first  administering  an  oath  to  an- 


ART.  VII.  ASSESSOR.  549 

swer  all  questions  touching  the  personal  property  or  its  value. 
When  the  list  is  complete  he  shall  require  such  person  to  sign  and 
verify  the  affidavit  thereto.  If  any  person  refuse  to  take  said 
oath,  or  shall  refuse  to  sign  and  verify  such  affidavit,  he  shall  note 
such  refusal  on  said  list  and  report  in  writing  at  once  such  per- 
son to  the  city  comptroller  for  prosecution,  as  the  law  directs ; 
and  he  shall  assess  such  person  according  to  the  best  information 
he  can  get,  as  provided  by  law ;  and  to  do  so  he  may  enter  upon 
the  premises  of  such  person  and  value  such  property  according 
to  his  judgment,  noting  these  facts,  in  writing,  on  such  lists.  [R. 
0.  1897,  Chap.  4,  Sec.  4] . 

Sec.  865.  Bank  stock,  etc.,  how  assessed. — The  assessor  shall, 
before  the  fifth  day  of  January  of  each  year,  in  person,  d'-iiver  a 
written  or  printed  notice,  with  list  attached  thereto,  to  each  bank 
in  the  city  of  St.  Joseph,  notifying  the  president  or  oth<.r  chie*"*  of- 
ficer of  such  bank  to,  under  oath,  deliver,  duly  signed,  at  his  office, 
a  list  of  all  shares  of  stock  held  in  such  bank,  and  names  of  che 
persons  holding  the  same,  on  the  first  day  of  January,  togetlior 
with  a  list  of  all  real  estate  belonging  to  such  bank  lying  within 
said  city,  and  also  the  cash  value  of  such  stock  within  five  days 
after  service  of  such  notice ;  and  he  shall  preserve  in  his  office,  in 
writing,  date  of  service  and  upon  whom.  If  any  bank  president 
or  other  officer  thereof  fail,  refuse  or  neglect  to  deliver  such  list 
signed  and  sworn  to  within  the  time  and  in  the  manner  provided 
by  law,  then  he  shall,  in  writing,  report  such  president  or  other 
chief  officer  of  such  bank  to  the  city  comptroller  for  prosecution, 
and  then  assess  the  stock  of  such  bank  as  provided  by  law.  [R. 
0.  1897,  Chap.  4,  Sec.  5]. 

Sec.  866.  Full  name  to  be  signed;  penalty. — In  all  cases  the 
assessor  shall  sign  his  full  name  to  each  I'st,  the  writing  and  sig- 
natures to  be  written  with  ink,  and  the  first  christian  name  of 
each  person  written  in  full ;  and  the  assessor  shall,  in  copying  the 
lists  into  the  city  tax  books,  make  a  full  and  correct  copy  thereof; 
and  any  assessor  who  shall  fail  or  neglect  to  comply  with  any  of 
the  requirements  or  provisions  of  this  ordinance,  or  of  the  laws  of 
this  state  pertaining  to  or  relating  to  his  duties  as  assessor  shall 
forfeit  to  the  city  the  sum  of  one  hundred  dollars,  to  be  recovered 
by  suit  in  the  name  of  the  city  in  any  court  of  competent  jurisdic- 
tion.     [R.  0.  1897,  Chap.  4,  Sec.  6]. 


550  REVISED  ORDINANCES.  CHAP.  XXXIV. 


ARTICLE     VIII. 

ATTORNEY— CITY   ATTORNEY. 
Section   867.     Duties   of   city  attorney. 

Sec.  867.  Duties  of  city  attorney. — It  shall  be  the  duty  of 
the  city  attorney,  in  addition  to  the  duties  imposed  upon  him  by 
the  general  laws  of  the  state  of  Missouri : 

First.  To  prepare  all  charges  and  complaints  against  parties 
for  violations  of  city  ordinances,  and  appear  daily  before  the 
judge  of  the  police  court  to  prosecute  all  offenders  against  the 
laws  and  ordinances  of  the  city. 

Second.  To  defend  all  actions  before  the  judge  of  the  police 
court  brought  against  any  oflicer,  servant  or  agent  of  the  city  on 
account  of  his  official  acts. 

Third.  To  appear  and  prosecute  in  the  criminal  court  of 
Buchanan  county  in  all  cases  by  appeal  from  the  judge  of  the  po- 
lice court. 

Fourth.  To  give  personal  attention  to  all  such  matters  af- 
fecting the  interests  of  the  city,  or  any  of  its  officers,  as  may  be 
referred  to  him  by  the  common  council,  and  such  as  may  be  re- 
quired of  him  by  the  city  counselor,  whose  assistant  he  shall  be. 
[R.  0.  1897,  Chap.  5,  Sec.  1]. 


ART.  IX. 


ELECTRICIAN. 


551 


ARTICLE     IX 


ELECTRICIAN. 


Section 
868.     Electrician,      appointment     and 
removal  of. 
Shall    attend    to    duties,    quali- 
fications, etc. 
Shall  superintend   electric   light 
plant,  hire  and  discharge  em- 
ployes, etc. 

Shall    require    electrical    wires, 
poles,   etc.,   upon  public  high- 
ways to  be  placed,  how. 
Shall  keep  a  record  of  expenses. 
Inspection    of    electricaJ    wires, 
etc. 


869. 


870. 


872. 
873. 


Section 

874.  Rules  for   electrical  wiring. 

875.  Altering    apparatus     or     wires, 

electrician  must   be   notified. 

876.  Term    "electric"    or    "electrical 

wires"  defined. 

877.  Electrician    to    keep    recoid    of 

inspections     and     issue     per- 
mits. 

878.  Appeal    from    decision    of    elec- 

trician to  be  arbitrated. 

879.  Certificates    of    inspection,    rec- 

ord  of. 

880.  Penalty. 


Sec.  868.  Office  of  city  electrician  created — term  of — bond, 
etc. — There  is  hereby  created  in  and  for  the  city  of  St.  Joseph 
the  office  of  city  electrician.  The  mayor  by  and  witli  the  consent 
of  tlie  common  council,  shall  appoint  some  suitable  person  to  fill 
such  position.  The  city  electrician  shall  hold  his  position  until 
removed  for  cause,  such  removal  to  be  effected  in  the  manner  pro- 
vided by  law  for  the  removal  of  other  appointed  officers  of  the 
city.  In  case  of  a  vacancy  in  said  office  it  shall  be  filled  by  ap- 
pointment as  herein  provided.  The  city  electrician  shall  give 
bond  in  the  sum  of  five  thousand  dollars  for  the  faithful  perform- 
ance of  his  duties.  He  shall  receive  a  salary  of  eighteen  hundred 
dollars  per  annum,  payable  monthly.      [G.  0.  No.  571,  Sec.  1]. 


Sec.  869.  Qualifications  of,  duties,  etc. — The  city  electrician 
shall  be  an  experienced  and  practical  electrician,  and  shall  devote 
his  time  and  personal  attention  to  the  duties  of  his  office  as  de- 
fined by  ordinance  now  or  hereafter  to  be  passed.  He  shall  not 
be  the  agent  or  employe  or  interested  with  any  person  or  persons 
dealing  in,  or  erecting  electrical  work  of  any  kind.  [R.  0.  1897, 
Chap.  27.  Sec.  2]. 


552  REVISED  ORDINANCES.  CHAP  XXXIV. 

Sec.  870.  Shall  superintend  electric  light  plant — employ- 
ment of  employes,  etc. — It  slmll  be  the  duty  of  said  city  electri- 
cian to  personally  superintend  the  operation  of  the  city  electric 
light  plant,  and  under  the  direction  of  the  council  or  committees 
acting  therefor,  shall  purchase  such  supplies,  make  such  changes, 
improvements,  extensions  or  other  work  as  may  be  ordered  or 
provided  for  by  ordinance,  shall  meet  with  the  committees  when 
required,  and  shall  approve  all  correct  bills  created  on  account  of 
said  department.  He  shall  have  the  power  to  appoint  all  em- 
ployes at  the  street  lighting  plant.  Any  employe  may  be  removed 
by  the  city  electrician  for  neglect  of  duty  or  other  cause  deemed 
good  and  sufficient  by  him.     [R.  0.  1897,  Chap.  27,  Sec.  3]. 

Sec.  871.  Shall  supervise  erection  of  poles,  wires,  etc.,  for 
electrical  purposes  upon  highways. — It  shall  also  be  the  duty  of 
said  city  electrician  to  require  that  all  electrical  wires,  poles  and 
appliances  of  all  kinds  for  electrical  purposes  now  or  hereafter  to 
be  erected  upon  the  streets,  alleys  or  public  highways  shall  be 
placed  or  erected  as  required  by  ordinance.  [R.  O.  1897,  Chap. 
27,  See.  4]. 

Sec.  872.  Record  of  expenditures. — Said  city  electrician 
shall  keep  a  set  of  books  showing  in  detail  all  expenditures  on  ac- 
count of  the  street  lighting  plant,  and  shall  make  such  reports  as 
may  be  called  for.      [R.  0.  1897.  Chap.  7,  Sec.  5] . 

Sec.  873.  Inspection  of  electrical  wires,  etc. — It  is  hereby 
made  the  duty  of  the  city  electrician,  in  addition  to  the  duties 
now  required  of  him  by  the  ordinances  of  the  city,  to  have  charge 
of  the  enforcement  of  all  ordinances  now  in  force  or  which  may 
hereafter  be  passed  pertaining  to  the  inspection  and  installation 
of  electrical  apparatus  and  wires,  to  see  that  no  electrical  current 
is  turned  on  or  installed  in  any  new  work  until  after  inspection; 
Provided,  that  nothing  herein  contained  shall  be  construed  as  ap- 
plying to  old  work  already  installed,  unless  the  electrician  is  called 
upon  by  the  owner  or  tenant  for  such  inspection  when  the  same 
inspection  shall  be  made  as  is  required  of  new  work.  [R.  0. 
1897,  Chap.  27,  Sec.  6] . 

Sec.  874.  Rules  for  electrical  wiring. — All  electrical  wires 
shall  be  so  placed  and  ai-ranged  that  they  would  still  be  practi- 


ART.  IX. 


ELECTRICIAN.  553 


cally  insulated  in  the  event  of  their  insulating  covering  getting 
worn  away  or  removed,  and  rules  and  requirements  of  the  Na- 
tional Electrical  Light  Association  shall  be  strictly  adhered  to. 
|R.  0.  1897,  Chap.  27,  Sec.  7]. 

Sec.  875.  Altering  apparatus  or  wires — electrician  must  be 
notified. — No  alteration,  change  or  addition  shall  be  made  in  such 
electrical  apparatus  or  wires  without  first  notifying  the  city  elec- 
trician and  subjecting  the  same  to  inspection,  subject  to  the  pro- 
visions of  this  ordinance.  All  wires  to  be  hidden  from  view  must 
be  inspected  before  concealment,  and  the  parties  installing  such 
wires  must  notify  the  city  electrician,  giving  him  ample  time  to 
make  such  inspection.      [R.  0.  1897,  Chap.  27,  Sec.  8]. 

Sec.  876.  Term  "electric,"  or  "electrical  wires,"  defined.— 
The  term  "electric"  or  "electrical  wires,"  as  used  in  this  ordi- 
nance, shall  be  construed  to  mean  wires  that  are  arranged  or 
placed  in  or  on  any  building  or  support  and  designed  to  be  used 
as  conductors  of  electricity  for  any  purpose,  but  especially  for 
producing  light,  heat  or  power,  or  designed  to  be  used  for  con- 
venience or  protection  against  fire,  in  connection  with  such  gen- 
erators, electric  motors,  electric  wires,  lamps,  switches,  cut-outs, 
rheostats  and  other  devices.      [R.  0.  1897,  Chap.  27,  Sec.  9J . 

Sec.  877.  Electricia  i  to  keep  record  of  inspection,  shall  is- 
sue permits. — The  city  electrician  shall  make  and  keep  a  record  of 
all  such  inspections  herein  mentioned,  giving  location,  date,  name 
of  party  installing  electrical  apparatus  or  wires,  for  whom  in- 
stalled, and  giving  a  general  description  of  such  inspection ;  and 
when  this  ordinance  shall  have  been  strictly  complied  with  he 
shall  make  and  deliver  to  the  party  for  whom  the  inspection  was 
made  a  certificate  of  inspection,  giving  location,  date,  name  of 
party  installing  electrical  apparatus  or  wires,  and  for  whom  in- 
stalled. The  city  electrician  shall  decide  all  questions  not  pro- 
vided for  in  this  ordinance  pertaining  to  the  installing  of  electri- 
cal apparatus  or  wires.     [R.  0.  1897,  Chap.  27,  Sec.  10] . 

Sec.  878.  Appeal  from  decision  of  electrician— arbitrators.— 
Appeal  may  be  had  fi-om  an  order  or  decision  of  the  city  electri- 
cian to  a  board  of  electricians  to  be  selected  as  follows:  One  to 
be  selected  by  the  inspector,  one  to  be  selected  by  the  appellant, 


554  REVISED  ORDINANCES.  CHAP.  XXXIV. 

these  two  to  agree  on  and  select  the  third  arbitrator  previous  to 
considering  the  appeal,  said  third  arbitrator  to  be  called  upon  on 
failure  of  the  two  arbitrators  to  agree,  the  loser  of  the  appeal  to 
pay  the  costs  of  the  board  of  appeals.  [R.  0.  1897,  Chap.  27, 
Sec.  11]. 

Sec.  879.     Certificates  of  inspection — record  of  inspection. — 

Certificates  of  inspection  shall  be  properly  made  or  filled  out  by 
the  city  electrician  in  duplicate,  one  to  be  delivered  to  the  party 
for  whom  made  and  the  other  to  be  filed  with  the  comptroller.  A 
complete  record  of  all  inspections  shall  be  kept  by  the  electrician 
in  a  book  to  be  provided  by  the  city.  [R.  0.  1897,  Chap.  27,  Sec. 
12]. 

Sec.  880.  Penalty. — Any  person  who  violates  or  fails  to 
comply  with  any  of  the  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty-five  dollars, 
and  to  a  like  penalty  for  each  day  during  which  he  shall  continue 
such  violation.      [R.  0.  1897,  Chap.  27,  Sec.  13] . 


ART.  X.  ENGINEER.  555 


ARTICLE    X. 

ENGINEER— CITY   ENGINEER. 

Section  i   Section 

881.  Office   created.  883.     Qualifications  of  city  engineer. 

882.  Appointed,    how. 

Sec.  881.  Office  created. — There  is  hereby  created  in  the 
city  of  St.  Joseph  an  office  which  shall  be  known  as  the  office  of 
city  engineer.  It  shall  be  the  duty  of  the  city  engineer  to  super- 
intend the  construction  of  all  public  works  ordered  by  the  com- 
mon council  or  by  the  board  of  public  works,  to  make  out  plans, 
specifications  and  estimates  thereof,  and  do  the  surveying  an  J 
engineering  ordered  by  the  city,  and  to  perform  such  other  duties 
as  are  now  or  may  be  prescribed  by  ordinance.  [G.  0.  No.  697, 
Sec.  1]. 

Sec.  882.  Appointed  how. — The  city  engineer  in  the  forego- 
ing section  provided  for  shall  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the  common  council,  and  shall  hold 
his  office  until  the  third  Monday  in  April,  1903,  and  thereafter  the 
city  engineer  shall  hold  his  office  for  two  (2)  years  from  the  third 
Monday  in  April.      [G.  0.  No.  697,  See.  2]. 

Sec.  883.  Qualifications  of  city  engineer. — The  city  engineer 
shall  be  a  person  well  skilled  in  the  science  of  engineering  and 
building  and  the  practical  application  thereof.  He  shall,  in-  addi- 
tion to  the  oath  prescribed  for  city  officers,  take  an  oath  that  he 
is  not  and  will  not  be,  during  his  continuance  in  office,  directly  or 
indirectly  interested  in  any  contract  with  the  city  for  any  public 
work.      [R.  0.  1897,  Chap.  28,  Sec.  11. 


556  REVISED  ORDINANCES.  CHAP.  XXXIV. 


ARTICLE     XI 


BONDS   OF  CITY   OFFICERS. 


Section 


8S4.     Bonds  of   city  officers. 
885.     Same  —  amount     of     bond 
quired. 


Section 
886.     Bond  of  city  comptroller. 
SS7.     Bond  of  public  impounder. 


Sec.  884:.  Bonds  of  city  officers. — The  city  officers  named 
in  the  next  succeeding  section  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  give  bond  to  the  city  of  St. 
Joseph  with  two  or  more  securities,  residents  of  the  city,  to  be 
approved  by  the  comptroller,  conditioned  for  the  faithful  dis- 
charge of  their  duties.      [R.  0.  1897,  Chap.  13,  Sec.  1]. 

Sec.  885.  Same — amount  of  bond  required. — The  city  offi- 
cers hereinafter  named  shall  enter  into  bond  conditioned  as  set 
forth  in  the  last  preceding  section  in  the  following  sums  re- 
spectively : 

City  auditor   $30,000 

City  attorney 5,000 

City  clerk  5,000 

City  engineer 10,000 

City  physician 5,000 

City  assessor  10,000 

City  counselor 5,000 

Chief  of  fire  department 5,000 

Superintendent  of  buildings 5,000 

[K.  0.  1897,  Chap.  13,  Sec.  1]. 
Sec.  886.  Bond  of  city  comptroller.  -The  city  comptroller 
shall,  before  entering  upon  the  duties  of  his  office,  give  bond  to 
the  city  o£  St.  Joseph  in  the  sum  of  fifty  thousand  dollars,  with 
two  or  more  securities,  residents  of  the  city,  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  discharge  of  his  duties. 
[R.  O.  1897,  Chap.  13,  Sec.  2]. 

Sec.  887.  Bond  of  public  impounder. — Before  entering 
upon  the  discharge  of  his  duties,  tlie  public  impounder  of  the  city 
of  St.  Joseph  shall  give  bond  in  the  sum  of  two  hundred  and 
fifty  dollars,  conditioned  upon  the  faithful  perfoi-mance  of  the 
duties  of  his  office,  and  that  he  will  take  proper  care  of  the  ani- 
mals coming  into  his  charge.     [R.  0.  1897,  Chap.  13,  Sec.  3]. 


ART.  XII. 


OFFICERS  AND  EMPLOYES. 


557 


ARTICLE     XII. 


OFFICERS  AND  EMPLOYES,  CITY. 


Article 

S88.     City    officers    not    accepted    on 
bond. 

889.  Officer  not   to  be  absent  with- 

out leave. 

890.  Books,   papers  and  furniture  to 

be  delivered  to  successor. 

891.  Books    and    papers    subject    to 

inspection. 

892.  Officer    must    not    deal    in    city- 

warrants,   etc. 

893.  Cannot  retain  city's  money  for 

wages  or  salary. 

894.  Term    of   office    two   years   un- 

less  otherwise   provided. 

895.  Suspended  officer  to   be   inves- 

tigated by  a  committee. 

896.  Copy    of   charges    to   be    served 

on  accused. 

897.  Council  to  hear  evidence. 

898.  Decision;    effect    thereof. 

899.  Proceedings    to    be    entered    on 

journal. 

900.  Witness   may  be   subpoenaed. 


Section 

901.  Defaulting  witness  may  be  pun- 

ished. 

902.  Depositions  may  be  read  at  the 

trial. 

903.  Case      to     be     represented     by 

counsel. 

904.  Fees  of  witness  to  be  paid. 

905.  Officers     may     appoint     depu- 

ties,  etc. 

906.  City  employe  must  be  a  citizen, 

etc. 

907.  Eight    hours    declared    a    legal 

day's  work. 

908.  Officer    shall   place    money    de- 

posits in  city  depository,   etc. 

909.  Same;  penalty 

910.  Reports  of  city  officers. 

911.  Duplicate      reports     to      comp- 

troller. 

912.  Cost    of    each    job    to    be    given 

separately. 

913.  Penalty  for  violation. 


Sec  888.  City  officer  not  accepted  on  bond. — No  member  of 
the  common  council  or  other  officer  of  said  city  shall  be  accepted 
security  on  any  official  bond,  and  no  such  bond  shall  be  approved 
by  the  comptroller  unless  the  form  thereof  shall  have  been  first 
approved  by  the  city  counselor,  attested  by  his  endorsement 
thereon.     [R.  0.  1897,  Chap.  52,  Sec.  1]. 


Sec.  889.  Officer  not  to  be  absent  without  leave. — Any  offi- 
cer desiring  to  be  temporarily  absent  from  the  city  shall  apply 
to  the  mayor  for  leave  of  absence,  which  may,  in  the  discretion 
of  the  mayor,  be  granted,  in  writing,  for  any  term  not  exceeding 
thirty  days,  and  when  granted,  shall  be  filed  with  the  city  clerk; 
and  if  any  officer  shall  be  absent  from  the  city  more  than  ten 
days  without  such  written  permission,  the  mayor  may  declare 
his  office  vacant.     [R.  0.  1897,  Chap.  52,  Sec.  2]. 


558  REVISED  ORDINANCES.  CHAP.  XXXIV. 

Sec.  890.  Books,  etc.,  to  be  delivered  to  successor. — Every 
officer  shall,  upon  going  out  of  office,  deliver  to  his  successor  all 
books,  papers,  furniture  and  other  things  appertaining  to  his 
office.      [R.  0.   1897,  Chap.  52,  Sec.  3]. 

Sec.  891.  Books  may  be  inspected. — Every  officer  shall,  at 
all  times  when  required,  submit  the  books  and  papers  of  his  office 
to  the  inspection  of  the  mayor,  city  counselor  or  any  member  of 
the  common  council.      |R.  0.  1897,  Chap.  52,  Sec.  4]. 

Sec.  892.  Officer  must  not  deal  in  city  warrants,  etc. — No 
officer  of  this  city,  nor  any  deputy,  clerk  or  employe  of  any  such 
officer,  nor  any  servant  or  agent  of  this  city,  shall  directly  or 
indirectly,  himself  or  by  another,  for  his  own  or  other's  benefit, 
deal  in  the  purchase  of  city  warrants,  bonds  or  other  obligations 
of  this  city.     [R.  0.  1897,  Chap.  52,  Sec.  5]. 

Sec.  893.     Cannot  retain  city  money  for  wages  or  salary. — 

No  city  officer  collecting  money  on  account  of  the  city  of  St. 
Joseph  shall  retain  the  same,  or  any  part  thereof,  to  satisfy  any 
claims  for  wages  or  salary  which  he  may  have  against  the  city. 
[R.  0.  1897,  Chap.  52,  Sec.  6]. 

Sec.  894.  Term  of  office  two  years  unless,  etc. — All  officers 
of  this  city,  unless  otherwise  provided  by  law  or  ordinance,  shall 
hold  their  offices  for  two  years  and  until  their  successors  shall 
be  duly  appointed  and  qualified,  and  their  terms  of  office,  when 
not  otherwise  directed,  shall  commence  on  the  third  Monday  in 
April.      [R.  0.  1897,  Chap.  52,  Sec.  7]. 

Sec.  895.  Suspended  officer  to  be  investigated. — Whenever 
any  officer  shall  be  suspended  by  the  mayor,  or  shall  be  charged 
with  wilful  violation  of  any  of  his  official  obligations,  or  with 
culpable  official  negligence  or  dereliction  of  duty,  or  with  con- 
duct inconsistent  with  his  official  character  and  duty,  or  official 
incompetency,  the  common  council  shall  appoint  a  committee  of 
three  members  to  inquire  into  the  truth  of  such  charge,  who, 
if  they  deem  the  same  well  founded,  shall  frame  and  report  to 
the  common  council  charges  and  specifications  against  such  offi- 
cer, and  the  council  shall  appoint  a  day  for  hearing  and  determin- 
ing the  same.      [R.  0.  1897,  Chap.  52,  Sec.  8]. 


ART.  XII.  OFFICERS  AND  EMPLOYES.  559 

Sec.  896.  Copy  of  charges  to  be  served  on  accused. — A  copy 
of  such  charges  and  specifications,  witii  a  notice  of  the  day  set 
for  hearing  the  same,  shall  be  served  on  the  accused  at  least  five 
days  before  the  day  for  hearing.     [R.  0.  1897,  Chap.  52,  Sec.  9]. 

Sec.  897.  Council  to  hear  evidence. — Upon  the  day  so  set 
the  common  council  shall  meet  in  session  to  hear  the  evidence 
against  and  for  the  accused,  adjourning  from  time  to  time,  as 
may  be  necessary,  until  the  evidence  shall  have  been  given.  [R. 
0.  1897,  Chap.  52,  Sec.  10] . 

Sec.  898.  Decision,  effect  thereof. — AVithin  three  days  after 
the  evidence  shall  have  been  taken,  the  common  council  shall  vote 
upon  each  charge  separately.  The  question  shall  be :  Is  the 
accused  guilty  or  not  guilty?  If  two-thirds  of  the  whole  number 
elect  of  the  common  council  vote  guilty  on  either  of  the  charges, 
they  may  resolve  that  he  be  removed  from  office;  and  if  they  so 
resolve,  they  shall  notify  the  mayor  thereof,  who  shall  thereupon 
declare  the  office  of  said  accused  to  be  vacant.  [R.  0.  1897,  Chap. 
52,  Sec.  11]. 

Sec.  899.  Proceedings  to  be  entered  upon  journal. — The 
proceedings  of  the  common  council  shall  be  entered  at  large  on 
their  journal.      [R.  0.  1897,  Chap.  52,  Sec.  12]. 

Sec.  900.  Witnesses  may  be  subpoenaed. — Subpoenas  for 
witnesses  to  testify  on  any  city  trial  had  as  aforesaid,  shall  be 
issued  by  the  president  of  the  common  council,  and  shall  be 
served  by  the  city  police.     [R.  0.  1897,  Chap.  52,  Sec.  13]. 

Sec.  901.  Defaulting  witness  may  be  punished. — Any  wit- 
ness who  shall  neglect  to  obey  said  subpoena,  or  appearing  shall 
refuse  to  testify,  may  be  punished  by  imprisonment  or  fine,  or 
both.     [R.  0.  1897,  Chap.  52,  Sec.  14]. 

Sec.  902.  Depositions  may  be  read  at  trial. — Depositions  of 
witnesses  beyond  the  jurisdiction  of  the  common  council,  or  dis- 
abled by  sickness  or  other  cause  from  attendance,  may  be  read 
on  the  trial,  if  taken  in  conformity  with  the  laws  of  the  state. 
The  notice  of  the  taking  thereof,  when  taken  on  behalf  of  the 
accused,  shall  be  served  on  the  city  counselor  or  the  mayor.  [R. 
0.  1897,  Chap.  52,  Sec.  15]. 


560  REVISED  ORDINANCES.  CHAP.  XXXIV. 

Sec.  903.  Case  to  be  represented  by  counsel. — Upon  any 
trial  had,  as  aforesaid,  the  accused  shall  be  entitled  to  be  heard 
by  himself  and  counsel,  in  his  defense ;  and  the  city  counselor 
shall  attend  the  trial  and  prosecute  on  behalf  of  the  city,  unless 
he  be  the  accused,  in  which  event  the  common  council  shall  ap- 
point some  competent  person  to  prosecute.  [R.  O.  1897,  Chap. 
52,  Sec.  16]. 

Sec.  904.  Fees  of  witnesses  to  be  paid. — Witnesses  upon 
such  trial  shall  be  entitled  to  the  same  fees  as  for  attendance  on 
the  police  court.  The  president  of  the  common  council  shall 
certify  the  amount  of  costs  and  the  names  of  the  persons  to  whom 
the  same  is  due,  to  the  city  auditor,  who  shall  draw  his  warrant 
on  the  treasurer  in  favor  of  each  person  for  the  amount  due.  [R. 
0.  1897,  Chap.  52,  Se?.  17]. 

Sec.  905.  Officers  may  appoint  deputies,  etc. — The  clerk, 
treasurer,  auditor,  assessor,  inspector  of  weights  and  measures, 
city  weighmaster  and  market  master  may,  with  the  consent  of 
the  mayor  and  common  council,  appoint  one  or  more  deputies ; 
which  appointment  shall  be  in  writing  and  filed  with  the  clerk. 
Any  such  deputy  shall  take  an  oath  similar  to  that  required  of 
the  principal,  and  is  hereby  authorized  and  empowered  to  exe- 
cute and  perform  any  duty  or  function  required  to  be  performed 
by  the  principal,  in  like  time  and  manner  as  the  principal,  and 
the  principal  shall  be  liable  upon  his  official  bond  for  any  mis- 
conduct or  malfeasance  or  misfeasance  of  such  deputy  in  office, 
in  like  manner  as  if  he  were  himself  guilty  of  such  act.  [R.  0. 
1897,  Chap.  52,  Sec.  18]. 

Sec.  906.  City  employe  must  be  a  citizen. — It  shall  be  un- 
lawful for  any  officer  or  person  in  the  employ  of  the  city  of  St. 
Joseph,  to  hire  or  employ,  in  any  capacity  whatever,  any  person 
at  the  expense  of  the  city,  who  is  not  a  citizen  of  the  United 
States,  or  who  has  not  declared  his  intention  to  become  a  citizen 
of  the  United  States,  and  who  is  not  a  resident  of  the  city  of  St. 
Joseph.  Any  officer  or  other  person  violating  any  provision  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  not  exceeding  twenty-five 
dollars  for  each  offense.     [R.  0.  1897,  Chap.  52,  Sec.  19]. 


ART.  XII.  OFFICERS  AND  EMPLOYES.  561 

Sec.  907.  Eight  hours  declared  a  legal  day's  work. — Eight 
hours  labor  shall  be  declared  a  legal  day's  work  for  all  persons 
employed  by  the  city  within  its  limits,  police  and  members  of 
the  fire  department  excepted.     [R.  0.  1897,  Chap.  52,  Sec.  20]. 

Sec.  908.  Officer  shall  place  money  deposits  in  city  deposi- 
tory, etc. — It  is  hereby  made  the  duty  of  any  officer  of  the  city 
of  St.  Joseph,  with  whom  any  money  may  be  deposited  by  any 
person,  firm,  company  or  corporation,  or  who  may  have  the 
custody  or  control  of  any  money  so  paid  or  deposited  under  any 
law  or  ordinance  of  said  city,  to  at  once  deposit  and  place  said 
money  in  the  city  depository,  where  the  city  money  is  deposited, 
as  a  separate  account  or  accounts  at  the  same  rate  of  interest 
as  is  paid  on  the  city  deposits,  and  such  officer  or  officers  shall, 
unless  otherwise  provided  by  ordinance,  report  all  interest  so 
received  or  paid  on  such  deposits  at  the  times  and  in  the  manner 
as  is  required  on  the  regular  city  accounts,  and  such  interest  shall 
be  accounted  for  by  such  officer  or  officers  and  shall  be  credited 
to  the  general  city  fund.     [R.  0.  1897,  Chap.  52,  Sec.  21]. 

Sec.  909.  Same;  penalty. — Any  officer  who  shall  fail  or  re- 
fuse to  comply  with  the  requirements  of  the  preceding  section 
shall  forfeit  his  right  to  hold  such  office,  and  shall  also  forfeit 
and  pay  to  the  city  of  St.  Joseph  for  each  day  he  shall  so  fail 
or  refuse  to  comply  with  the  terms  of  the  preceding  section,  one 
hundred  dollars.     [R.  0.  1897,  Chap.  52,  Sec.  22] . 

Sec.  910.  Reports  of  city  officers. — That  it  be  and  is  hereby 
made  the  duty  of  all  city  officers  and  heads  of  departments  to 
make  a  report  on  the  last  day  of  each  fiscal  month,  to  the  finance 
committee,  showing  in  detail  all  expenditures  made  by  said  officer 
or  head  of  department  during  said  month  and  out  of  what  fund 
and  appropriation ;  said  report  shall  also  set  forth  fully  any  in- 
debtedness or  liability,  of  any  nature  whatsoever,  contracted  dur- 
ing said  month,  with  the  names  of  the  parties,  for  what  purpose, 
etc.  And  if  no  liability  or  indebtedness  of  any  kind  has  been 
contracted  by  said  officer  or  head  of  department,  he  shall  so  state 
specifically  in  his  report.     [G.  0.  No.  562,  Sec.  1]. 

Sec.  911.  Duplicate  reports  to  comptroller  and  auditor. — It 
is  hereby  made  the  further  duty  of  all  city  officers  or  heads  of 

36 


562  REVISED  ORDINANCES.  CHAP.  XXXIV. 

departments  to  make  duplicates  of  the  reports  named  in  the  fore- 
going section  and  file  one  of  the  same  with  the  comptroller  and 
the  other  with  the  city  auditor.      [G.  0.  No.  562,  Sec.  2]. 

Sec.  912.  Cost  of  each  job  to  be  given  separately. — All  city 
officers  and  heads  of  departments,  shall,  in  the  reports  above  re- 
quired to  be  made,  include  a  statement  of  the  cost  of  each  sep- 
arate job  or  piece  of  work  when  the  same  is  completed ;  and  if 
said  job  or  piece  of  work  is  incomplete  at  the  end  of  the  fiscal 
month,  said  statement  of  report  shall  show  what  amount  re- 
mains unexpended,  together  Avith  an  estimate  of  the  amount  re- 
quired to  complete  the  same.  If  the  amount  remaining  unex- 
pended does  not  appear  sufficient  to  complete  the  work,  then  said 
work  shall  be  stopped  at  once  upon  the  expenditure  of  the 
amount  appropriated,  unless  an  additional  appropriation  has  been 
made  in  the  meantime  for  the  specific  purpose  of  completing  said 
work.     [G.  0.  No.  562,  Sec.  3]. 

Sec.  913.  Penalty  for  violation. — Any  wilful  violation  of 
the  foregoing  provisions  of  this  ordinance  shall  be  a  sufficient 
cause  for  the  removal  of  the  officer  so  violating  the  same.  [G.  0. 
No.  562,  Sec.  5]. 


ORDINANCES. 


563 


CHAPTER     XXXV 


ORDINAiMCES. 


Section 

914.     Ordinances    shall    be    recorded, 

etc. 
Effect  of  repeal  or  modification. 
When    the    same    act    violates 

two  ordinances. 
General    construction    provided 

for. 
Damages     may    be     recovered, 

when. 
Veto,    effect    of;    passing    over 

veto. 


915. 
916. 


917. 


918. 


919. 


Section 

920.     Failure  to  return  ordinance,  ef- 
fect of. 
To  be  numbered  and  classed. 
Deposit  required  for  publishing 
ordinance  granting  franchise, 
etc. 
Deposit   disposed   of,   how. 
Copied  of  certain  ordinances  to 
be  filed  with  clerk. 


921. 
922. 


923. 
924. 


Sec.  914.  Ordinances  shall  be  recorded,  etc. — All  ordinances 
passed  by  the  common  council  shall  be  recorded  by  the  city  clerk, 
and  shall  take  effect  from  and  after  their  passage  unless  therein 
otherwise  expressly  provided.  The  originals  shall  be  filed  in  the 
clerk's  office,  and  due  proof  of  the  publication  of  all  ordinances 
by  the  affidavit  of  the  printer  or  publisher  shall  be  procured  by 
the  clerk  and  attached  thereto,  or  written  and  attested  upon  the 
face  of  the  record  of  such  ordinances.  [R.  0.  1897,  Chap.  53, 
Sec.  1]. 

Sec.  915.  Effect  of  repeal  or  modification. — Whenever  an 
ordinance  or  part  of  an  ordinance  shall  be  repealed  or  modified 
by  a  subsequent  ordinance,  the  ordinance  or  part  of  ordinance- 
thus  repealed  or  modified  shall  continue  in  force  until  the  due; 
publication  of  the  ordinance  repealing  or  modifying  the  same,, 
unless  therein  otherwise  expressly  provided ;  but  no  suit,  proceed- 
ing, right,  fine  or  penalty  instituted,  created,  given,  secured  or 
accrued  under  any  ordinance  previous  to  its  repeal  shall  in  any 
way  be  affected,  released  or  discharged,  but  may  be  prosecuted, 
enjoyed  and  recovered  as  fully  as  if  such  ordinance  had  con- 
tinued in  force,  unless  it  shall  be  therein  expressly  provided  oth- 
erwise.    [R.  0.  1897,  Chap.  53,  Sec.  2]. 


Sec.  916.    When  the  same  act  violates  two  ordinances. — In 

all  cases  where  the  same  offense  may  be  made  punishable,  or  shall 


564  REVISED  ORDINANCES.  CHAP.  XXXV. 

be  created  by  different  clauses  or  sections  of  the  ordinances  of 
the  city,  the  prosecuting  officer  may  elect  under  which  to  pro- 
ceed; but  not  more  than  one  recovery  shall  be  had  against  the 
fcame  person  for  the  same  offense.      [R.  0.  1897,  Chap.  53,  Sec.  3]. 

Sec.  917.  General  construction  provided  for. — Whenever 
any  words  in  any  ordinance,  importing  the  plural  number,  shall 
be  used  in  describing  or  referring  to  any  matters  parties  or  per- 
sons, any  single  matter,  party  or  person  shall  be  deemed  to  be  in- 
cluded, although  distributive  words  may  not  be  used ;  and  when 
any  subject  matter,  party  or  person  shall  be  referred  to  in  any  or- 
dinance by  words  importing  the  singular  number  only,  or  the  mas- 
culine gender,  several  matters,  parties  or  persons,  and  females  as 
well  as  males,  and  bodies  corporate,  shall  be  deemed  to  be  in- 
cluded: Provided,  that  these  rules  of  construction  shall  not  be 
applied  to  any  ordinance  w^iich  shall  contain  any  express  provis- 
ion excluding  such  construction,  or  where  the  subject  matter  or 
context  of  such  ordinance  may  be  repugnant  thereto.  [R.  0. 
1897,  Chap.  53,  Sec.  4]. 

Sec.  918.  Damages  may  be  recovered,  when. — Whenever,  in 
any  ordinance,  the  doing  of  any  act,  or  the  omission  to  do  any  act 
or  duty,  is  declared  to  be  a  breach  thereof,  and  damage,  loss,  ex- 
pense or  injury  to  the  city,  or  to  any  person,  is  a  result  or  conse- 
quence of  such  doing  or  omission,  compensation  for  such  damage, 
loss,  expense  or  injury  may  be  recovered  from  the  oft'ender  by 
the  party  aggrieved.     [R.  0.  1897,  Chap.  53,  Sec.  5]. 

Sec.  919.  Veto — effect  of — passing  over  veto. — When  an  or- 
dinance that  has  passed  the  common  council  shall  be  presented 
to  the  mayor  for  his  approval,  and  shall  be  returned  with  his  ob- 
jection thereto,  and  if,  upon  reconsideration,  it  shall  pass  the 
common  council  by  a  vote  of  two-thirds  of  all  the  members 
elected,  as  provided  and  required  by  the  law,  such  ordinance 
shall  be  authenticated  as  having  become  a  law  hy  a  certificate  en- 
dorsed thereon,  as  follows : 

This  ordinance  having  been  returned  by  the  mayor  with  his  objections 
thereto,  and,  after  reconsideration,  having  passed  the  common  council  by  a 
vote  of  two-thirds  of  all  the  members  elected,  as  provided  and  required  by 
law,  has  become  a  law  this day  of A.  D.  18. . . . 


ORDINANCES.  565 

Which,  after  being  signed  by  the  president  of  the  common  coun- 
cil, shall  be  a  sufficient  authentication  thereof;  and  such  ordi- 
nance, after  being  signed,  as  aforesaid,  shall  be  transmitted  to  the 
clerk,  who  shall  record,  file  and  publish  the  same.  [R.  0.  1897, 
Chap.  53,  Sec.  6]. 

Sec.  920.  Failure  to  return  ordinance ;  effect  of. — ^Any  ordi- 
nance which  shall  have  been  passed  by  the  common  council,  and 
delivered  to  the  mayor  for  his  approval,  and  shall  not  be  returned 
by  him  to  the  city  clerk  or  council  within  five  days  after  such  de- 
livery, thereby  becoming  a  law,  shall  be  authenticated  by  the 
clerk's  certificate,  endorsed  thereon  as  follows: 

The  foregoing  ordinance  having  been  delivered  to  the  mayor  for  his 

approval,  on  the day  of 18. . . .,  and  not  having  been 

returned  by  him  to  the  common  council  or  clerk  within  five  days  there- 
after, the  same  became  a  law  on  the day  of 18. . . . 

Which  ordinance,  thus  certified,  shall  be  filed,  recorded  and  pub- 
lished, as  in  other  cases.     [R.  0.  1897,  Chap.  53,  Sec.  7]. 

Sec.  921.  To  be  numbered  and  classed. — All  general  ordi- 
nances hereafter  passed  shall  be  numbered,  in  the  order  of  their 
passage,  and  shall  be  designated  as  general  ordinance  num- 
ber   ;    and  all  special  ordinances  shall,  in  like  manner,  be 

numbered  and  designated.      [R.  0.  1897,  Chap.  53,  Sec.  8]. 

Sec.  922.  Deposit  required  for  publishing  certain  ordi- 
nances.— The  beneficiaries  or  persons,  partnerships  or  corpora- 
tions seeking,  asking  or  soliciting  the  passage  of  any  ordinance  or 
ordinances,  granting  any  rights,  privileges  or  franchises,  shall, 
before  or  at  the  time  such  ordinance  is  introduced,  deposit  with 
the  city  clerk  a  sum  sufficient  to  pay  for  the  publication  of  such 
ordinance  or  ordinances,  and  the  city  clerk  shall  thereupon  en- 
dorse upon  such  ordinance  the  fact  of  such  deposit  and  the 
amount  thereof,  and  no  such  ordinance  shall  be  passed  until  such 
deposit  is  so  made  and  certified.      [R.  O.  1897,  Chap.  53,  Sec.  9]. 

Sec.  923.  Deposit  disposed  of,  how. — The  city  clerk  shall 
pay  all  sums  of  money  so  deposited  under  the  preceding  section 
into  the  city  treasury  to  the  credit  of  the  fund  for  city  printing. 
[R.  0.  1897,  Chap.  53,  Sec.  10]. 


566  REVISED  ORDINANCES.  CHAP.  XXXV. 

Sec.  924.     Copies  of  certain  ordinances  to  be  filed  with  clerk. 

— All  applicants  to  the  common  council  for  franchises  of  any  kind, 
or  amendments  to  existing  franchises,  shall,  on  presentation  of 
the  original  to  the  city  clerk  for  introduction  before  the  council, 
iile  with  said  clerk  twenty-five  printed  copies  thereof,  one  of 
which  shall  be  delivered  to  each  member  of  the  council,  one  each 
to  the  mayor,  counselor,  engineer  and  each  daily  newspaper  pub- 
lished in  the  city.  Said  ordinances  shall  be  printed  upon  paper 
to  correspond  in  size  with  the  filing  blanks  of  the  city  clerk,  the 
type  used  to  be  of  the  size  known  as  "long  primer,"  set  in  col- 
umns twenty-four  picas  wide,  with  at  least  a  pica  space  between 
each  line.     [R.  0.  1897,  Chap.  53,  Sec.  11]. 


ART.  I. 


PUBLIC  PARKS. 


567 


CHAPTER    XXXVI. 


PARKS. 


Article 
I.     Public  parks. 


Article 

II.     Park  commissioners. 


ARTICLE      I. 


PUBLIC   PARKS. 


Section 

925.  Description  of  parks. 

926.  Krug  Park;  acceptance  of  deed 

for. 

927.  Playing  in  prohibited. 

928.  Not   to  injure  grass. 

929.  Penalty. 

930.  Police  to  arrest. 

931.  Injuring      property      in      public 

parks. 


Section 

932.  Not  to  walk  on  grass  or  throw 

litter. 

933.  General  ordinances  shall  govern 

parks. 

934.  Dogs  running  at  large  in  parks 

prohibited. 

935.  Owner    of    dog    shall    be    fined, 

when. 


Sec.  925.  Description  of  parks. — The  public  parks  or  squares 
of  the  city  of  St.  Josepli  liereinafter  described  shall  be  called  re- 
spectively as  follows :  Patee  park,  bounded  on  the  north  by  Sen- 
eca street ;  south,  by  Penn  street ;  east,  by  Tenth  street,  and  west 
by  Ninth  street.  South  St.  Joseph  park,  bounded  on  the  north 
by  Duncan  street,  on  the  south  by  Doniphan  avenue,  on  the  east 
by  Eleventh  street,  and  on  the  west  by  Tenth  street.  Smith's 
park,  bounded  on  the  north  by  Jules  street,  on  the  east  by  Twelfth 
street,  on  the  west  by  Eleventh  street,  and  on  the  south  by 
Francis  street.  North  St.  Joseph  park,  bounded  on  the  north  by 
Market  street,  on  the  east  by  Washington  avenue,  on  the  south 
by  Chestnut  street,  and  on  the  west  by  Third  street.  [R.  O.  1897, 
Chap.  54,  Art.  1,  Sec.  1]. 


Sec.  926.     Krug  Park,  acceptance  of  deed  for. — The  deed 

executed  by  Henry  Krug  and  Louise  Krug  and  William  Krug  on 
the  twenty-sixth  day  of  February,  1890,  conveying  to  the  city  of 
St.  Joseph  the  pleasure  grounds,  or  park,  known  and  called  "Krug 


568  REVISED  ORDINANCES.  CHAP.  XXXVI. 

Park,"  be  and  the  same  is  hereby  accepted,  subject  to  all  condi- 
tions and  limitations  in  said  deed  named.  [R.  0.  1897,  Chap.  54, 
Art.  1,  Sec.  2] . 

Sec.  927.  Playing  in,  prohibited. — No  person  shall  play  at 
ball,  quoits,  cricket,  or  any  other  game,  sport  or  play  whatsoever, 
in  any  of  said  public  parks  or  squares,  nor  throw  stones,  wrestle, 
nor  run  foot  races  in,  over  or  upon  the  same.  [R.  O.  1897,  Chap. 
54,  Art.  1,  Sec.  3]. 

Sec.  928.  Not  to  injure  grass. — -No  person  shall  walk,  stand 
or  lie  down  upon  any  part  of  any  of  said  public  parks  or  squares, 
which  is  laid  out  and  appropriated  for  grass  and  shrubbery.  [R. 
0.  1897,  Chap.  54,  Art.  1,  Sec.  4] . 

Sec.  929.  Penalty. — Any  person  violating  any  of  the  pro- 
visions of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  to 
exceed  twenty  dollars  for  every  such  offense.  [R.  O.  1897,  Chap. 
54,  Art.  1,  Sec.  5]. 

Sec.  930.  Police  to  arrest. — The  chief  of  police  is  hereby  re- 
quired to  arrest  or  cause  to  be  arrested  all  persons  violating  any 
of  the  provisions  of  this  chapter  and  report  them  to  the  city  at- 
torney, who  is  required  and  directed  to  prosecute  them  before  the 
judge  of  the  police  court  and  recover  the  fine  herein  imposed.  [R. 
O.  1987,  Chap.  54,  Art.  1,  Sec.  6]. 

Sec.  931.     Injuring  property  in  public  parks — penalty. — Any 

person  who  shall  wilfully  break,  mutilate,  deface,  destroy,  or  in 
any  manner  injure  the  fences,  fountains,  seats,  lamps,  posts,  trees, 
shrubbery  or  any  other  object  belonging  to  or  placed  in  the  pub- 
lic parks  of  this  city,  or  the  grounds  belonging  to  said  parks,  for 
use  or  ornament,  shall,  upon  conviction,  be  deemed  guilty  of  a 
misdemeanor,  and  fined  not  less  than  five  dollars  nor  more  than 
five  hundred  dollars.      [R.  0.  1897,  Chap.  54,  Art.  1,  Sec.  7]. 

Sec.  932.  Not  to  walk  on  grass  or  throw  litter. — No  person 
shall  be  allowed  to  walk  over  the  grass  or  to  throw  stones,  gravel 
or  litter  over  the  grounds,  or  to  remove  the  benches.     Any  person 


ART.  I.  PUBLIC  PARKS.  569 

violating  any  provision  of  this  section  shall,  upon  conviction,  be 
deemed  guilty  of  a  misdemeanor,  and  fined  not  less  than  ten  dol- 
lars.    [R.  0.  1897,  Chap.  54,  Art.  1,  Sec.  8]. 

Sec.  933.  General  ordinances  to  govern  parks. — x\ll  the  gen- 
eral ordinances  now  in  force  in  the  city  of  St.  Joseph  shall  also, 
as  far  as  the  same  may  be  applicable,  govern  and  apply  to  all 
parks  belonging  to  the  city,  whether  within  or  without  the  limits 
of  said  city.     [R.  0.  1897,  Chap.  54,  Art.  1,  Sec.  9] . 

Sec.  934.  Dogs  not  allowed  at  large  in  park. — Dogs  are 
hereby  prohibited  from  running  at  large  in  any  public  park.  Any 
dog  found  in  a  public  park,  not  being  under  the  immediate  con- 
trol of  its  owner,  and  not  being  restrained  by  a  rope,  chain  or 
other  thing  from  running  around  therein  is  hereby  declared  a 
nuisance,  and  such  nuisance  may  be  abated  by  killing  the  dog,  or 
by  the  removal  of  the  dog  from  the  park  without  killing,  and  it 
shall  be  the  duty  of  the  park  keeper,  also  of  policemen,  to  abate 
such  nuisance.     [R.  O.  1897,  Chap.  54,  Art.  1,  Sec.  10]. 

Sec.  935.  Owner  of  dog  shall  b3  fined. — The  owner  or  any 
other  person  in  charge  of  a  dog  who  shall  suffer  or  permit  such 
dog  to  trespass  upon  the  grounds  in  said  park  or  to  run  at  large 
therein,  or  to  otherwise  violate  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  one  dollar,  nor  more  than  ten 
dollars  for  the  first  offense,  and  for  any  subsequent  offense  not 
less  than  five  dollars,  nor  more  than  twenty  dollars.  [R.  0.  1897, 
Chap.  54,  Art.  1,  Sec.  11]. 


570  REVISED  ORDINANCES.  CHAP.  XXXVI. 


ARTICLE    II. 

PARK  COMMISSIONERS. 

Section  1   Section 

936.     Park    commissioners,    appoint-  937.     Authority  of  commissioners, 

ment  of.  938.     No  compensation. 

Sec.  936.  Park  commissioners,  appointment  of. — The  mayor 
of  the  city  of  St.  Joseph  is  hereby  authorized  to  appoint,  by  and 
with  the  consent  of  the  council,  three  persons,  who  shall  consti- 
tute a  board  of  park  commissioners ;  no  two  of  said  commission- 
ers shall  reside  in  the  same  ward.  Of  the  first  board  so  appointed 
one  shall  hold  office  for  the  term  of  two  years,  and  one  for  the  term 
of  three  years,  to  be  determined  between  the  persons  composing 
the  first  board  by  lot,  so  that  hereafter  in  each  year  but  one  com- 
missioner shall  be  appointed,  and  his  term  shall  be  for  a  period  of 
three  years.  Any  vacancy  occurring  may  be  filled  by  appoint- 
ment, as  above  provided.      [R.  0.  1897,  Chap.  54,  Art.  2,  Sec.  1]. 

Sec.  937.  Authority  of  commissioners. — Said  board  of  park 
commissioners  shall  have  the  full  and  exclusive  control  and  man- 
agement of  the  parks  of  the  city  of  St.  Joseph.  They  shall  im- 
prove and  beautify  the  same  with  such  funds  as  may  be  provided 
by  the  council  from  time  to  time,  or  from  any  other  source.  They 
shall  be  authorized  to  distribute  in  the  fall  of  the  year  flowers  that 
cannot  be  kept  over  the  winter  to  the  citizens  of  St.  Joseph,  free 
of  charge,  for  a  period  of  three  (3)  days.  The  board  of  park 
commissioners  shall  decide  when  such  distribution  shall  be  made, 
and  cause  a  notice,  giving  the  dates  of  said  distribution,  to  be  pub- 
lished previously  for  three  days,  in  the  newspaper  doing  the  city 
printing.      [G.  0.  No.  671,  Sec.  1]. 

Sec.  938.  No  compensation. — The  board  of  park  commis- 
sioners shall  receive  no  compensation  for  their  services.  [R.  0. 
1897,  Chap.  54,  Art.  2.  Sec.  3]. 


PASSENGER  DEPOTS.  571 


CHAPTER    XXXVII 


PASSENGER  DEPOTS. 


Section 

939.  Passengers,    solicitation    of    at 

depot. 

940.  Hotel    runners,    etc.,    shall    not 

solicit  in  depot. 


Section 

941.  Carriages   for    passengers,    reg- 

ulations governing. 

942.  Penalty. 


Sec.  939.  Passengers — solicitation  of  at  depots. — No  ex- 
pressman, haekraan,  or  omnibus  driver  shall  go  upon  the  platform 
of,  or  into  any  railroad  passenger  depot  in  this  city  for  the  pur- 
pose of  soliciting  either  passengers  or  baggage :  Provided,  how- 
ever, they  may  stand  upon  the  platform  of  any  railroad  passenger 
depot,  if  they  remain  within  three  feet  from  the  edge  thereof,  and 
within  three  feet  of  their  respective  vehicles.  Provided,  further, 
that  this  section  shall  not  be  so  construed  as  to  prohibit  any  per- 
son, company  or  partnership  engaged  in  omnibus,  carriage  or  bag- 
gage transfer  business  from  keeping  and  maintaining  an  office  in 
such  Union  Depot  or  railroad  station,  by  and  with  the  consent 
of  the  owners  of  such  Union  Depot  or  railroad  station.  [E.  O. 
1897,  Chap.  55,  Sec.  1]. 

Sec.  940.     Hotel  runners,  etc.,  shall  not  solicit  in  depots. — No 

hotel  runner,  drummer  or  porter  shall  be  permitted  or  allowed 
to  go  upon  the  platform  of,  or  into  any  railroad  passenger  depot 
in  this  city  for  the  purpose  of  soliciting  any  passenger,  passengers 
or  baggage.     [R.  O.  1897,  Chap.  55,  Sec.  2]. 

Sec.  941.  Carriages  for  passengers— regulations  govern- 
ing.— No  owner,  driver  or  conductor  in  charge  of  any  hack,  cab, 
carriage,  omnibus,  buggy,  wagon  or  other  vehicle,  public  or  pri- 
vate, shall  stand  his  vehicle  on  the  east  side  of  Sixth  street  west 
of  the  Union  Depot,  immediately  opposite  the  canopy  of  said 
Union  Depot  extending  over  the  sidewalk  in  said  street,  for  any 
longer  time  than  is  necessary  for  the  prompt  discharge  or  receipt 
of  passengers  to  and  from  such  vehicle.  And  no  owner,  driver 
or  conductor  of  any  hack,  cab  or  carriage  engaged  in  the  business 
of  carrying  passengers  and  persons  to  and  from  said  Union  Depot 


572  REVISED  ORDINANCES.  CHAP.  XXXVII- 

shall  stand  his  vehicle  in  Sixth  street  opposite  said  Union  Depot 
near  or  adjoining  the  sidewalk  south  of  the  Union  Depot  canopy 
over  the  sidewalk  while  waiting  for  passengers  or  soliciting  pat- 
ronage for  such  vehicle ;  and  no  owner,  driver  or  conductor  of  any 
omnibus  or  baggage  wagon  shall  stand  his  vehicle  in  Sixth  street 
opposite  the  Union  Depot  near  or  adjoining  the  sidewalk  north 
of  said  Union  Depot  canopy  while  waiting  for  passengers  or  so- 
liciting patronage  for  such  vehicle.  It  being  the  intention  of  this 
ordinance  that  the  space  in  Sixth  street  immediately  opposite  the 
canopy  aforesaid  shall  be  kept  clear  and  unobstructed  so  far  as 
possible  for  the  prompt  ingress  and  egress  of  conveyances  having 
passengers  to  discharge  or  receive  at  said  Union  Depot,  and  the 
west  main  entrance  thereof  under  said  canopy,  and  that  the 
space  north  of  said  canopy  shall  be  for  the  sole  use  of  standing 
carriages,  hacks,  cabs  and  other  vehicles  other  than  omnibuses 
and  baggage  wagons,  while  soliciting  patronage  or  waiting  for 
passengers,  and  the  space  south  of  said  canopy  shall  be  for  the 
sole  use  of  standing  omnibuses  while  soliciting  patronage  or  wait- 
ing for  passengers.      [G.  0.  799,  Sec.  1]. 

Sec.  942.  Penalty. — Any  person  violating  any  of  the  provis- 
ions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  a  sum  not  less  than 
two  dollars  nor  more  than  twenty  dollars  for  each  violation.  [R. 
0.  1897,  Chap.  55,  Sec.  4]. 


PAWNBROKERS.  573 


CHAPTER     XXXVIII. 

PAWNBROKERS. 


Section 

Section 

943.     Pawnbroker,   license  for. 

948.     Dealing  with  minor,  etc. 

944.     Pawnbroker  defined. 

949.     Fees  of  pawnbroker. 

945.     Application  for  license. 

950.     Time  of  redemption,   failure  to 

946.     Pawnbroker  to  keep  books, 

etc. 

redeem. 

947.     Books    open    to    inspection 

951.     Penalty. 

Sec.  943.  Pawnbroker,  license  for. — No  person  or  persons 
shall  carry  on  or  conduct  the  business  or  calling  of  a  pawnbroker 
within  the  city  of  St.  Joseph  without  having  first  obtained  a  li- 
cense so  to  do,  under  a  penalty  of  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense,  and  the  charge 
for  such  license  shall  be  one  hundred  dollars  per  year.  [R.  0. 
1897,  Chap.  56,  Sec.  1]. 

Sec.  9-44.  Pawnbroker  defined. — Any  person  who  loans 
money  on  deposit  or  pledge  of  any  personal  property,  bonds, 
notes  or  other  securities,  whether  a  chattel  mortgage  is  given  by 
the  person  so  borrowing  to  the  person  so  lending,  in  addition  to 
such  deposit  or  pledge,  or  not,  or  who  deals  in  the  purchasing  of 
personal  property  or  choses  in  action,  on  condition  of  selling  the 
same  back  at  a  stipulated  price,  is  hereby  defined  and  declared  to 
be  a  pawnbroker.     [R.  0.  1897,  Chap.  56,  Sec.  2]. 

Sec.  945.  Application  for  license. — Every  application  for 
such  license  shall  be  made  in  writing,  and  shall  state  where  the 
business  is  to  be  carried  on  and  be  endorsed  by  a  police  commis- 
sioner or  the  chief  of  police  to  the  effect  that  the  applicant  is  a 
person  of  good  moral  character.     [R.  0.  1897,  Chap.  56,  Sec.  3]. 

Sec.  946.  Pawnbroker  to  keep  books — daily  report.— Every 
person  so  licensed  as  aforesaid  shall  keep  at  his  place  of  business 
a  substantial,  well  bound  book,  in  which  he  shall  enter,  in  writ- 
ing, a  minute  description  of  all  personal  property,  bonds,  notes  or 
other  securities  received  on  deposit  or  purchase,  as  aforesaid,  the 
time  when  they  were  so  received,  and  particularly  mentioning 


574  REVISED  ORDINANCES.  CHAP.  XXXVIII. 

any  prominent  or  descriptive  marks  that  may  be  on  such  property, 
bonds,  notes  or  other  securities,  together  witli  the  name,  residence 
and  detailed  description  of  the  person  or  persons  by  whom  they 
were  left,  the  amount  of  purchase  money,  the  amount  loaned,  the 
interest  charged,  and  the  time  Avhen  the  loan  falls  due ;  which 
said  book  shall  be  kept  clean  and  legible,  and  no  entry  therein 
shall  be  defaced,  erased  or  obliterated,  and  all  the  entries  therein 
shall  be  made  with  ink.  He  shall  give  to  the  person  leaving  the 
property  in  pawn  a  plainly  written  or  printed  ticket  or  receipt 
showing  the  transaction.  The  chief  of  police  shall,  upon  the  re- 
quest of  any  pawnbroker,  furnish  the  blanks  necessary  for  making 
daily  reports,  and  it  shall  be  the  duty  of  every  such  pawnbroker 
to  make  out  and  deliver  to  the  chief  of  police  every  day,  before 
the  hour  of  12  m.,  a  legible  and  correct  copy,  from  said  book,  of 
all  personal  property  or  other  valuable  things  received  or  deposit- 
ed or  purchased  during  the  preceding  day,  together  with  the  time 
received  or  purchased,  and  a  description  of  the  person  or  persons 
by  whom  left  in  pledge,  or  from  whom  the  same  were  purchased: 
Provided,  that  no  person  shall  be  required  to  furnish  such  de- 
scription of  any  property  purchased  from  manufacturers  or 
wholesale  dealers  having  an  established  place  of  business,  or  any 
goods  purchased  at  open  sale  from  any  bankrupt  stock  or  from 
any  other  person  doing  business  and  having  an  established  place 
of  business  in  the  city.  But  such  goods  must  be  accompanied  by 
a  bill  of  sale  or  other  evidence  of  open  and  legitimate  purchase, 
and  must  be  shown  to  the  mayor,  any  alderman  or  any  member 
of  the  police  department  when  demanded.  No  personal  property 
received  on  deposit  or  purchased  by  such  pawnbroker  shall  be 
sold  or  permitted  to  be  redeemed  from  the  place  of  business  of 
such  person  for  the  space  of  twenty-four  hours  after  the  copy 
and  statement  herein  required  to  be  delivered  to  the  chief  of  po- 
lice shall  have  been  delivered.  The  time  between  12  o'clock  on 
Saturday  night  and  12  o'clock  Sunday  night  shall  not  be  consid- 
ered in  the  enforcement  of  this  ordinance,  nor  shall  any  property 
be  received  as  a  pledge  or  purchase  by  any  pawnbroker  or  dealer 
between  these  hours.  Every  such  licensed  person  failing  to  com- 
ply with  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars  for  each 
offense.     [R.  0.  1897,  Chap.  56,  Sec.  4]. 


PAWNBROKERS.  575 

Sec.  947.  Books  open  to  inspection. — Every  person  so  li- 
censed as  a  pawnbroker  shall,  during  the  ordinary  hours  of  bus- 
iness, when  requested  by  the  mayor  or  any  police  officer  of  the 
city,  submit  and  exhibit  such  book,  in  the  next  preceding  section 
provided  for,  to  the  inspection  of  such  mayor  or  any  police  officer, 
and  shall  also  exhibit  any  goods,  personal  property,  bonds,  notes 
or  other  securities  that  may  be  so  left  with  the  licensed  person, 
to  the  inspection  of  the  mayor  or  police  officer;  and  every  such 
person  who  shall  refuse  to  submit  such  books,  goods,  personal 
property,  bonds,  notes  or  other  securities,  as  aforesaid,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fined  not  less  than  fifty  dollars.     [R.  0.  1897,  Chap.  56,  Sec.  5] . 

Sec.  948.  Dealing  with  minor — not  to  receive  pawns,  when. 
• — No  person  licensed  as  aforesaid  shall  take  or  receive  in  pawn  or 
pledge,  for  money  loaned,  or  shall  take,  receive  or  purchase, 
within  the  line  of  business  of  such  pawnbroker,  any  ai-ticle,  prop- 
erty or  thing  of  and  from  any  minor  or  any  article,  property  or 
thing  of  and  from  any  person,  the  ownership  of  which  article, 
property  or  thing  is  in  or  claimed  by  any  minor,  the  said  pawn- 
broker knowing  such  article,  property  or  thing  to  be  ovnaed  or 
claimed  by  such  minor,  nor  from  any  person  between  the  hours 
of  eight  o'clock  p.  m.  and  seven  o'clock  a.  m.  Any  person  vio- 
lating any  or  either  of  the  provisions  of  this  section  shall,  on  con- 
viction, be  fined  in  a  sum  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars.     [R.  O.  1897,  Chap.  56,  Sec.  6]. 

Sec.  949.  Fees  of  pawnbroker. — It  shall  be  unlawful  for  any 
pawnbroker  to  charge  or  receive  more  than  two  per  cent  per 
month  for  any  loan  made  by  him.      [R.  0.  1897,  Chap.  56,  Sec.  7]. 

Sec.  950.  Time  of  redemption— failure  to  redeem. — In  case 
the  person  obtaining  the  loan  fails  to  pay  the  interest  when  due 
the  pawnbroker  shall  not  sell  the  article  or  articles  so  pawned  as 
security  with  him  for  such  loan  till  after  the  expiration  of  sixty 
days  from  the  date  of  such  failure ;  and  the  person  so  failing  may 
at  any  time  within  the  said  sixty  days  redeem  said  article  or  arti- 
cles: Provided,  that  he  pay  the  full  amount  of  principal  and 
interest  due,  according  to  the  terms  of  the  contract,  at  the  date 
of  redeeming ;  but  if  the  person  obtaining  the  loan  fails  to  redeem 


576  REVISED  ORDINANCES.         CHAP.  XXXVIII. 

said  article  or  articles  within  the  said  sixty  days,  as  above  pro- 
vided, he  shall  thereby  forfeit  all  his  right,  title  and  interest  in 
and  to  such  articles  to  the  pawnbroker,  who  shall  thereby  ac- 
quire and  possess  an  absolute  right  in  them,  and  to  hold  and  dis- 
pose of  them  as  his  own  property:  Provided,  further,  that  if 
the  borrower  shall  lose  his  pawn  ticket  he  shall  not  thereby  for- 
feit his  right  to  redeem,  but  may  make  affidavit  of  such  loss,  de- 
scribing the  property  pawned,  which  affidavit  shall  take  the 
place  of  said  pawn  ticket.     [R.  0.  1897,  Chap.  56,  Sec.  8]. 

Sec.  951.  Penalty. — Any  person  violating  any  of  the  provis- 
ions of  the  next  two  preceding  sections  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  pay  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars.  [R.  0. 
1897,  Chap.  56,  Sec.  9]. 


ART.  I. 


PLUMBING  INSPECTOR. 


577 


CHAPTER      XXXIX. 


PLUMBING. 


Article 

I.     Plumbing    inspector- 
lating  plumbing. 


-rules    regu- 


Article 
II.     Board  of  examiners 


ARTICLE      I 


PLUMBING  INSPECTOR— RULES  REGULATING  PLUMBING. 


Section 

952.  Plumber  must  have  permit. 

953.  Houses      must      connect      with 

sewers. 

954.  Cesspools — how  constructed. 

955.  Permit  for  house  drains. 

956.  Plumbing  and  ventilation. 

957.  Construction  of  drains. 

958.  Extra    heavy    cast    iron    traps, 

when. 

959.  Drains    to    have    brass    connec- 

tions. 

960.  Drain    pipes    to    have    uniform 

fall. 

961.  Privy     not     to     connect     with 

sewer. 

962.  Soil   pipes,    specifications   for. 

963.  Waste  pipes,   specifications  for. 

964.  Fixtures  to  have  sealing  traps. 

965.  Vent  pipes  through  roof. 

966.  Two  fixtures  and  one  vent. 

967.  Steam   exhaust  and  sewer. 

968.  Chimney  flues  are  not  ventila- 

tors. 

969.  Refrigerator  drains. 

970.  Joints,  how  made. 

971.  Pipe    to   be    varnished    and    se- 

cured. 

972.  Rain  water  leaders. 

973.  Overflow  pipes  and  drains. 

974.  Water   closets,   how  supplied. 


Section 

975.  Unsanitary   closet  prohibited. 

976.  Special  permit,  when. 

977.  Connections  with  lead  pipes. 

978.  Vent  pipe  to  extend  above  fix- 

tures. 

979.  Down  draught  air  pipe  prohib- 

ited. 

980.  Inspector  to  be  notified. 

981.  Stone     pipe     to     be     removed, 

when. 

982.  Condemnation,  consent  of  own- 

er for. 

983.  Cesspool      to      be      abandoned, 

when. 

984.  Discharge  to  pass  but  one  fix- 

ture. 

985.  Placing  urinals,   specifications. 

986.  Application    for    permits,     how 

made. 

987.  When   inspector   shall   be   noti- 

fied. 

988.  Defective    work    to    be    ordered 

out. 

989.  Information  for  inspector. 

990.  Penalty    for    violation    of    ordi- 

nance. 

991.  Appointment    of    inspector. 

992.  Appeal   from   inspector's   decis- 

ion. 

993.  Fees  for  permits. 


Sec.  952.  Plumber  must  have  permit. — Every  plumber,  be- 
fore doing  any  work  in  any  building  (except  in  case  of  repairs, 
and  repairs  are  defined  to  consist  of  leaks  in  drains,  soil,  waste 
and  lead  pipes,  repairs  on  faucets,  valves  and  water  pipes),  shall 

37 


o78  REVISED  ORDINANCES.  CHAP.  XXXIX. 

file  with  the  inspector  of  plumbing  a  statement  showing  the  work 
to  be  performed,  and  no  part  of  such  work  shall  be  executed  until 
the  inspector  of  plumbing  has  issued  a  permit  authorizing  the 
same  to  be  done.      [G.  0.  No.  687,  Sec.  1]. 

Sec.  953.  Houses  must  be  connected  with  sewer  or  cesspool. 
— Every  dwelling  house,  hotel,  apartment  house,  tenement 
house,  factory,  store  or  other  building  in  which  plumbing  arrange- 
ments are  to  be  placed  shall  be  connected  with  a  city  sewer,  when 
such  sewer  is  provided,  and  when  such  sewer  is  not  provided 
shall  be  connected  with  a  cesspool  in  a  location  approved  b}^  the 
inspector  of  plumbing.      [G.  0.  No.  687,  Sec.  2]. 

Sec.  95-1.  Cesspool — how  constructed. — Where  cesspool  is 
used  it  must  be  of  brick  laid  in  hydraulic  cement  and  plastered 
inside  with  cement,  so  as  to  be  water  tight,  and  provided  with  an 
iron  cover  and  fresh  air  inlet  on  top.      [G.  0.  No.  687,  Sec.  3]. 

Sec.  955.  Permit  for  connecting  house  drains. — Any  person 
or  persons  engaged  in  connecting  house  drains  with  sewer  or  cess- 
pool shall  obtain  a  permit  from  the  inspector  of  plumbing  before 
beginning  work.     [G.  0.  No.  687,  Sec.  4]. 

Sec.  956.  Plumbing  and  ventilation  shall  be  separate. — The 
plumbing  and  ventilation  in  every  building  shall  be  separate  and 
independent  from  the  roof  to  outside  foundation  walls.  Every 
flat,  apartment  house,  hotel,  factory,  church,  hall,  opera  house 
and  stable  shall  be  construed  as  one  building:  Provided,  that 
private  stables  may  be  connected  with  house  drains.  [G.  0.  No. 
687,  Sec.  5]. 

Sec.  957.  Construction  of  drains. — That  portion  of  drains 
which  is  inside  the  walls  and  iinderneath  the  building  and  three 
(3)  feet  outside  the  area  of  foundation  walls  shall  be  constructed 
of  good  soil-pipe,  and  good,  heavy  fittings.  G.  0.  No.  687, 
Sec.  6]. 

Sec.  958.  Houses  to  have  extra  heavy  cast  iron  trap,  when. — 
Houses  in  wliicli  the  pipe  connecting  with  the  sewer  is  four  (4) 
inches  or  more  in  internal  diameter  shall  be  provided  with  an 
extra  heavy  cast  iron  trap,  placed  in  an  accessible  position  near 


ART.  I.  PLUMBING  INSPECTOR.  579 

the  exit  of  drain  from  building.  Said  trap  shall  be  of  the  same 
size  in  internal  diameter  as  house  drain  on  which  it  is  connected, 
and  have  a  hand  hold  and  fresh  air  inlet,  fresh  air  inlet  to  extend 
to  outside  of  wall  and  one  foot  above  ground,  and  to  be  provided 
with  a  screen.      [G.  O.  No.  696,  Sec.  7]. 

Sec.  959.    Ends  of  drains  to  have  brass  clean-out  connection. 

— The  ends  of  all  drains  or  branch  drains  shall  be  provided  with 
a  brass  clean-out  connection  of  a  size  not  less  than  two-inch  in 
internal  diameter  and  placed  in  an  accessible  position.     [G.  0. 

No.  687,  Sec.  8]. 

Sec.  960.  Drain  pipes  shall  have  uniform  fall. — Drain  and 
soil  pipes  shall  have  a  unif-^rm  fall  of  not  less  than  one-eighth  of 
an  inch  per  foot  toward  the  sewer  or  cesspool ;  when  such  grade 
cannot  be  obtained  a  special  permit  may  be  obtained  from  the 
inspector  of  plumbing  for  a  less  fall  per  foot.  [G.  0.  No.  687, 
Sec.  9]. 

Sec.  961.  Privy  or  cesspool  not  to  connect  with  sewer. — No 
privy  or  cesspool  shall  be  connected  with  the  sewer  or  house- 
drain.  All  drains  shall  be  run  as  straight  as  practicable ;  changes 
in  directions  shall  be  made  with  proper  fittings,  and  connections 
shall  be  made  with  Y's  or  sanitary  T's.      [G.  0.  No.  687,  Sec.  10]. 

Sec.  962.  Soil  pipes — specifications. — Soil  pipes  receiving 
the  discharge  from  one  or  more  closets  shall  not  be  less  than  four 
inches  in  internal  diameter,  and  continue  of  undiminished  size  to 
the  highest  roof  of  building,  above  and  away  from  any  opening 
or  window  and  left  open  at  top.      [G.  0.  No.  687,  Sec.  11]. 

Sec.  963.  Waste  and  vent  pipes — specifications. — No  waste 
pipes  shall  be  less  than  one  and  one-quarter  inch  for  one  fixture, 
and  one  and  one-half  inch  for  two  fixtures.  Lead  and  vent  pipes 
shall  not  be  of  less  weight  than  the  grade  known  as  extra  light. 
All  waste  pipes  two  inches  or  less  in  diameter  shall  be  of  good, 
heavy  cast  iron  or  lead.  In  no  case  shall  waste  pipe  from  any 
other  fixture  connect  to  the  house  side  or  in  the  seal  of  the  water 
closet  trap;  such  connections  shall  be  made  so  that  the  discharge 
of  the  waste  shall  not  disturb  the  seal  of  the  water  closet  trap. 
[G.  O.  No.  687,  Sec.  12]. 


580  REVISED  ORDINANCES.  CHAP.  XXXIX. 

Sec.  964.  Fixtures  to  have  independent  sealing  traps. — Ev- 
ery sink,  bath  tub,  basin,  water  closet,  urinal,  every  set  of  wash 
trays,  every  set  of  tubs  and  every  fixture  having  a  waste  pipe 
shall  be  provided  with  a  separate  and  independent  water  sealing 
trap,  placed  as  near  the  fixture  as  practicable.  Drum  traps  shall 
be  used  for  foot,  seat  and  bath  tubs,  and  shall  not  be  less  than 
four  inches  in  diameter;  traps  shall  be  protected  from  syphonage 
and  air  pressure  by  a  special  air  or  vent  pipe,  and  of  a  size  not 
less  than  the  waste  pipe  up  to  and  including  two  inches ;  over  two 
inches  and  not  exceeding  four  inches  not  less  than  two-inch  vent 
shall  be  used.  Each  pipe,  before  being  connected  with  other 
vent  pipes,  to  be  provided  with  unions,  so  that  it  may  be  detached 
from  trap,  and  wall  where  it  enters  vent.  Vent  pipes  shall  be 
run  straight  and  as  direct  as  practicable,  and  with  a  grade  to 
avoid  trapping  or  condensation;  in  all  cases  where  vent  pipes 
connect  with  soil  pipes  such  connections  shall  not  be  less  than 
one  foot  above  the  highest  fixture.     [G.  O.  No.  687,  Sec.  13]. 

Sec.  965.  Vent  pipes  through  roof. — Vent  pipes  may  be  run 
separately  from  the  roof,  provided  that  before  going  through  the 
roof  they  shall  be  increased  to  not  less  than  two  and  one-half  inch 
pipe  where  vent  is  two  inches  and  four-inch  pipe  where  vent  is 
three  inches.     [G.  0.  No.  687,  Sec.  14] . 

Sec.  966.  Two  fixtures  connecting  with  one  vent. — Where 
two  fixtures  comieet  with  one  vent  such  connections  shall  be  not 
less  than  one  and  one-half  inch  pipe,  and  for  three  fixtures  not 
less  than  two-inch  pipe;  for  water  closet  not  less  than  two-inch 
pipe  for  each  forty  foot  of  pipe  or  less  and  one  additional  inch 
for  each  additional  forty  foot  of  pipe  or  fraction  thereof,  and  one 
additional  inch  for  each  additional  forty  foot  of  pipe  or  fraction 
thereof:  Provided,  that  vent  pipe  for  three  or  more  fixtures 
with  waste  pipe  three  or  four  inches  in  diameter  shall  not  be  less 
than  three  inches  for  twenty  feet  of  pipe  or  less ;  over  twenty  feet 
of  pipe,  four  inches  vent  pipes  shall  be  constructed  of  cast  iron 
soil  pipe,  galvanized  wrought  iron  pipe  or  lead  pipe.  [G.  O.  No. 
687,  Sec.  15]. 

Sec.  967.  Steam  exhaust  not  to  connect  with  sewer. — No 
steam  exhaust,  blow-off,  or  drip  shall  be  connected  with  sewer  or 
any  drain,  soil  pipe,  waste  pipe,  vent  pipe,  or  rain  water  pipe,  but 


ART.  I.  PLUMBING  INSPECTOR.  581 

must  discharge  into  an  open  tank  or  condenser,  from  which  a  safe 
connection  with  the  sewer  or  house  may  be  provided.  [G.  0.  No. 
687,  Sec.  16]. 

Sec.  968.     Chimney  flues  not  to  be  used  for  ventilators. — 

Sewer,  soil  pipe,  waste  pipe,  or  ventilating  pipe  shall  be  con- 
structed of  good  and  proper  material,  and  chimney  flues  shall  not 
be  used  for  such  ventilators.     [G.  0.  No.  687,  Sec.  17]. 

Sec.  969.  Refrigerators  not  to  connect  with  drain. — No  re- 
frigerator or  other  receptacle  in  vvhich  provisions  are  stored  shall 
be  connected  with  the  drain,  waste,  soil,  vent  pipe  or  discharge 
upon  the  ground  beneath  the  building,  but  in  every  case  there 
shall  be  an  open,  trapped  tray  beneath  the  refrigerator,  the  waste 
of  which  must  discharge  into  an  open  sink  or  other  fixture.  [G. 
0.  No.  687,  Sec.  18]. 

Sec.  970.  Joints — how  made. — All  joints  in  cast  iron  pipes 
shall  be  packed  with  picked  oakum,  and  run  with  molten  lead, 
well  caulked.  Connections  of  lead  pipes  with  those  of  iron  pipes 
or  fittings  shall  be  made  with  brass  or  combination  ferrules,  or 
brass  solder  nipples  and  solder  unions,  and  of  a  size  not  less  than 
the  lead  pipe,  with  properly  wiped  soldered  joints,  and  caulked 
or  screwed  to  the  iron  pipe.      [G.  0.  No.  687,  Sec.  19] . 

Sec.  971.  Pipe  and  fittings  to  be  varnished — how  secured. — 
Cast  iron  pipe  and  fittings  shall  be  coated  inside  and  outside  with 
coal  tar  varnish,  or  any  other  coating  equally  as  good.  They 
shall  be  securely  ironed  to  the  walls,  laid  in  trenches  of  uniform 
grade,  or  suspended  from  the  floor  timbers  by  strong  iron  hang- 
ers, to  be  approved  by  the  inspector  of  plumbing.  [G.  O.  No.  687, 
Sec.  20]. 

Sec.  972.  Rain  water  leaders — connections,  etc. — Rain 
water  leaders,  when  within  a  building,  shall  be  cast  iron  soil  pipe. 
Connections  of  rain  water  pipes  with  soil  and  drain  pipes  shall  be 
on  the  side  of  the  lowest  fixture.  A  soil  or  ventilation  pipe  above 
the  highest  fixture  shall  not  be  used  as  a  rain  water  pipe;  rain 
water  pipe,  when  running  from  a  low  roof,  or  low  eaves,  shall 
have  a  trap  before  entering  a  drain  or  soil  pipe.  [G.  0.  No.  687, 
Sec.  21]. 


582  REVISED  ORDINANCES.  CHAP.  XXXIX. 

Sec.  973.  Overflow  pipes  not  to  connect  with  drains. — In  no 
case  shall  safe  waste,  drips  or  overflow  pipes  from  tanks  or  cis- 
terns connect  with  the  drain,  soil,  waste,  vent  pipe  or  rain  water 
leaders,  but  shall  run  to  some  place  in  open  sight.  [G.  0.  No.  687, 
Sec.  22]. 

Sec.  974.  Water  closets  to  be  supplied  with  water. — Everj^ 
water  closet,  or  line  of  water  closets,  shall  be  supplied  with  water 
from  a  tank  or  cistern,  and  the  flushing  pipe  shall  not  be  less  than 
one  and  one-fourth  inches  in  diameter.      [G.  0.  No.  687,  Sec.  23]. 

Sec.  975.  Unsanitary  water  closet  prohibited. — No  person 
shall  place  in  any  building  a  water  closet  that  would  be  consid- 
ered unsanitary  by  the  plumbing  inspector,  and  the  majority  of 
the  board  of  health  committee.      [G.  O.  No.  687,  Sec.  24] . 

Sec.  976.  Special  permit,  when. — Where  additional  fixtures 
are  required,  or  alterations  are  to  be  made,  and  it  is  not  practi- 
cable to  construct  them  in  accordance  with  the  provisions  of  this 
ordinance,  a  special  permit  may  be  issued  by  the  inspector  of 
plumbing.      [G.  O.  No.  687,  Sec.  25]. 

Sec.  977.  Connections  with  lead  pipes. — All  connections 
with  the  lead  pipes  shall  be  made  with  wiped  solder  joints.  [G. 
0.  No.  687,  Sec.  26]. 

Sec.  978.  Vent  pipe  to  extend  above  highest  fixture. — Each 
vent  pipe  shall  extend  above  the  highest  fixture  it  serves  before 
connecting  with  other  vent  pipes.      [G.  0.  No.  687,  Sec.  27]. 

Sec.  979.  Down  draught  back  air  pipe  prohibited. — No  down 
draught  back  air  pipe  shall  be  allowed  on  new  work.      [G.  0.  No. 

687,  Sec.  28]. 

Sec.  980.  Inspector  to  be  notified  when  work  is  ready  for 
inspection. — The  inspector  shall  be  notified  when  work  is  ready 
for  inspection  and  test,  and  all  work  shall  be  left  uncovered  for 
examination.  The  whole  system  of  drain,  soil,  waste  and  venti- 
lation pipes  shall  be  filled  with  water,  or  subjected  to  an  air  pres- 
sure of  not  less  than  five  pounds  to  the  square  inch,  and  in  all 
cases  where  only  a  part  of  the  system  has  been  tested  at  one  time 


ART.  I.  PLUMBING  INSPECTOR.  583 

the  inspector  shall  request  an  additional  test  of  the  whole  sys- 
tem, and  it  shall  be  absolutely  tight.  And  after  all  the  fixtures 
have  been  placed  in  position  and  the  work  completed  a  final  test 
equal  to  the  pressure  of  one  inch  of  water  shall  be  applied,  and  if 
found  to  be  tight  and  in  accordance  with  this  ordinance  the  in- 
spector shall  so  certify  on  the  face  of  the  permit,  and  no  plumbing 
shall  be  used  until  such  certificate  is  made  by  the  inspector.  [G. 
0.  No.  687,  Sec.  29]. 

Sec.  981.  Stone  pipe  to  be  removed,  when — Stone  pipe,  when 
found  in  any  building,  and  not  in  a  sanitary  condition,  must  be 
removed  ,and  cast  iron  pipe  substituted.     [G.  0.  No.  687,  Sec.  30]. 

Sec.  982.  Condemnation,  property  owner  to  give  consent. — 
No  plumbing  now  in  any  dwelling  house,  hotel,  ajiartment  house, 
tenement  house,  factory,  store  or  any  other  building  if  condemned 
by  the  plumbing  inspector  shall  be  taken  out  without  the  consent 
of  the  owner  thereof  unless  a  majority  of  the  board  of  health  com- 
mittee so  direct.     [G.  O.  No.  687,  Sec.  31]. 

Sec.  983.  Cesspool  to  be  abandoned,  when. — In  case  any 
cesspool  is  allowed  because  of  inability  to  connect  with  a  public 
sewer,  then  as  soon  thereafter  as  it  becom,es  possible  to  make 
such  sewer  connection  such  cesspool  shall  be  cleaned  out,  and 
filled  with  fresh  earth  and  sewer  connections  made.  [G.  0.  687, 
Sec.  32]. 

Sec.  984.    Discharge  not  to  pass  more  than  one  fixture. — The 

discharge  from  any  fixture  shall  not  pass  through  more  than  one 
trap  before  reaching  the  house  drain.     [G.  0.  No.  687,  Sec.  33]. 

Sec.  985.  Placing  Urinals,  specifications  for. — When  urinals 
are  placed  in  any  building  the  floor  and  sides  around  the  urinal 
shall  be  covered  with  non-corrosive,  non-absorbing  material,  and 
the  floor  drains  shall  have  combination  of  back  water  valve  and 
trap.     [G.  0.  No.  687,  Sec.  34]. 

Sec.  986.  Application  for  permits,  how  made. — All  applica- 
tions for  permits  provided  for  in  section  952  shall  be  signed  by  the 


58 1  REVISED  ORDIiNTANCES.  CHAP.  XXXIX. 

plumbers  or  duly  authorized  ag'eut  of  the  plumber  desiring  to  do 
such  work,  and  shall  state  in  plain  terms  the  location  and  object 
of  such  permit.     [G.  0.  No.  687,  Sec.  35]. 

Sec.  987.  When  inspector  shall  be  notified. — It  shall  be  the 
duty  of  every  plumber  to  notify  the  plumbing  inspector  Avhen  Tiny 
job  of  plumbing  is  ready  for  inspection,  as  follows : 

First,  Avhen  the  soil  ])ipe  shall  be  completed  through  the 
building  and  before  any  joint  in  such  pipe  or  fittings  shall  be 
covered,  and  at  such  time  all  openings  must  be  left  for  the  proper 
connections  of  all  fixtures. 

Second,  Avhen  the  soil  pipe  shall  be  ready  to  be  connected 
with  the  sewer  outside  of  building  wall. 

Third,  when  all  fixtures  have  been  attached  and  the  water 
turned  on  to  test  the  same.     [G.  0.  No.  687,  Sec.  36]. 

Sec.  988.  Defective  work  to  be  ordered  out.^ — Whenever  the 
plumbing  inspector  finds  defects  in  any  plumbing  or  drainage 
work  being  done  in  violation  of  the  requirements  of  this  or  any 
ordinance  of  the  city  he  shall  order  the  same  taken  out  or  cor- 
rected and  made  to  conform  thereto.     [G.  0.  No.  687,  See.  37]. 

Sec.  989.    Information  to  be  supplied  the    inspector. — When 

work  is  ready  for  final  inspection  it  shall  be  the  duty  of  the 
plumber  doing  the  same  to  furnish  to  the  plumbing  inspector 
(except  the  prices  thereof),  showing  the  kind  of  work  and  mate- 
rial to  be  used.  If  upon  such  final  examination  and  test  the 
plumbing  inspector  finds  that  the  work  has  been  done  according 
to  ordinance  and  the  contract  and  specifications  he  shall  furnish 
the  plumber  doing  the  same  a  certificate  to  that  effect  without 
expense.     [G.  0.  No.  687,  Sec.  38]. 

Sec.  990.  Penalty  for  violation  of  ordinance  or  orders. — Any 
person  who  shall  violate  any  provision  or  requirement  of  this 
ordinance,  or  any  lawful  order  of  the  plumbing  inspector  in  rela- 
tion thereto,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  less  than  five  or  not  more 
than  fifty  dollars  for  each  offense.     [G.  0.  No.  687,  Sec.  39]. 


ART.  I.  PLUMBING  INSPECTOR.  585 

Sec.  991.  Plumbing  inspector,  appointment  of. — There  shall 
])e  appointed  by  the  mayor,  b}'  and  -with  the  consent  of  the  com- 
mon council,  a  plumbing  inspector,  who  shall  be  a  practical 
plumber,  of  at  least  six  years'  experience,  who  shall  have  super- 
vision of  all  plumbing  and  house  drainage  done  within  the  city 
of  St.  Joseph,  Mo.,  as  defined  herein.  The  term  of  the  officer 
appointed  hereunder,  shall  be  for  two  years.  Said  officer  shall 
serve  until  his  successor  is  appointed  unless  removed  for  cause. 
His  salary  shall  be  $1,200  per  year,  payable  monthly.  The  said 
plumbing  inspector  shall  give  bond  to  the  city  in  the  penal  sum 
of  $2,000  for  the  faithful  performance  of  his  duties,  and  shall 
make  monthly  reports  to  the  city  comptroller,  showing  the  num- 
ber of  permits  issued,  for  whom  issued,  and  the  amount  received 
therefor,  filing  with  the  said  reports  a  receipt  from  the  city  treas- 
urer, countersigned  by  the  auditor,  of  the  amount  of  money 
turned  into  the  city  treasury,  and  all  moneys  received  by  him 
shall  be  paid  monthly  to  the  city  treasurer.     [G.  0.  687,  Sec.  40]. 

Sec.  992.  Appeal  from  inspector's  decision. — An  appeal 
from  any  decision  of  the  plumbing  inspector  may  be  had  to  the 
board  of  health  and  the  decision  of  a  majority  of  the  members 
thereof  shall  be  final.     [G.  0.  No.  687,  Sec.  41]. 

Sec.  993.  Fees  for  permits. — The  charge  for  a  permit  under 
this  ordinance  shall  be  one  dollar  for  all  work  done  in  any  build- 
ing of  seven  rooms  or  less  and  two  dollars  for  all  plumbing  done 
in  any  building  containing  more  than  seven  rooms,  and  no  permit 
shall  be  issued  until  the  party  applying  therefor  shall  have  paid 
to  the  city  treasurer  the  charge  herein  fixed  and  presented  to  the 
plumbing  inspector  the  treasurer's  receipt  therefor.  [G.  0.  No. 
687,  Sec.  42]. 


586 


REVISED  ORDINANCES. 


CHAP.   XXXIX. 


ARTICLE  II. 


BOARD  OF  EXAMINERS. 


Section 

994.  Board  of  examiners,  how  appointeJ. 

995.  Plumbers  must  be  examined. 

996.  Board  of  examiners,  how  organized. 

997.  1*  ayor  shall  appoint  members. 

998.  Board  shall  issue  licenses. 

999.  Secretary  of  board. 


Section 
lOuO.    Eevocation  of  licenses, 

1001.  Fees  for  examination, 

1002.  Penalty  for  violation. 
lOiJS.    Ordinance  to  be  printed. 
1004.    Meetings  of  board. 


Si;c.  994.  Board  of  examiners — how  appointed. — There  is 
hereby  created  within  and  for  the  city  of  St.  Joseph  a  board  of 
examiners  which  shall  be  known  as  the  board  for  the  examination 
of  plumbers.     [G.  0.  No.  820,  Sec.  1]. 

Sec.  995.  Plumber  must  be  examined. — Any  person,  firm  or 
•cprporation  desiring  to  engage  or  continue  in  the  business  of 
plumbing  or  drain-laying,  either  as  a  master  plumber  or  as  a 
journeyman  plumber  or  as  a  plumbing  inspector  in  the  city  of 
St.  Joseph,  shall  hrst  comply  with  the  provisions  of  this  ordi- 
nance. Every  person  desiring  to  engage  in  or  work  at  the  busi- 
ness or  trade  of  plumbing  except  apprentices  working  with  duly 
licensed  plumbers,  shall  first  b-^.  examined  by  and  obtain  from  said 
board  a  certificate  of  his  qualifications  and  fitness  to  carry  on  or 
work  at  the  business  or  trade  of  plumbing.  [G.  0.  No.  820,  Sec. 
,2]. 

Sec  996.  Board  of  examiners — how  organized. — Said  board 
shall  be  composed  of  the  following  persons :  First 
the  plumbing  inspector  of  said  city,  who  shall  be  chairman  ex- 
officio,  and  who  shall  serve  on  said  board  wit  bout  pay. 


Second,  one  master  or  eir,ploying  plumber  and  one  journey- 
man plumber,  each  of  whom  are  residents  of  and  shall  have  re- 
sided in  the  city  of  St.  Joseph  for  at  least  three  years  next  before 
their  appointment,  and  who  shall  have  been  actively  engaged  at 
the  business  or  trade  of  plumbing  for  not  less  than  five  (5)  years; 
Avhich  two  members  sliall   be  ;i])poinled  by  the  mayor  and  shall 


ART.  II.  BOARD  OF  EXAMINERS.  537 

hold  their  resi)cctive  offices  at  his  pleasure,  and  whose  compen- 
sation shall  be  $1000.00  per  year,  to  be  paid  out  of  the  general 
revenue  fund  in  monthly  installments  as  the  salary  of  other  of- 
ficers are  paid:  Provided,  the  fees  collected  and  turned  into  the 
treasury  under  section  1001  of  this  ordinance  shall  equal  the 
amount  of  such  salaries ;  otherwise  said  salaries  shall  not  exceed 
the  total  fees  so  paid  into  the  treasury.     [G.  0.  No.  820,  Sec.  3]. 

Sec.  997.  Mayor  shall  appoint  members. — It  shall  be  the 
duty  of  the  mayor  within  thirty  (30)  days  after  the  provisions  of 
this  ordinance  shall  take  effect  to  make  the  appointments  herein 
provided  for,  and  to  call  a  m,eeting  of  said  board  within  ten  (10) 
days  thereafter  for  the  purpose  of  organizing  said  board,  and  to 
have  the  provisions  of  this  ordinance  enforced.  [G.  0.  No.  820, 
Sec.  4]. 

Sec.  998.  Board  shall  issue  licenses. — It  shall  be  the  duty  of 
the  members  of  said  board,  when  notified  by  the  mayor,  to  meei 
and  organize,  adopt  rules  to  carry  into  effect  the  provisions  of 
this  ordinance  and  designate  the  times  and  places  of  meeting  for 
the  examination  of  applicants  as  to  their  practical  and  mechanical 
knowledge  of  plumbing,  house  drainage  and  plumbing  ventila- 
tion ;  and  upon  satisfactory  proof  of  the  qualifications  and  fitness 
of  the  applicant  shall  issue  a  license  to  such  applicant  authorizing 
him  to  engage  in  or  work  at  the  business  or  trade  of  plumbing  or 
drain  laying  as  a  master  or  employing  plumber  or  as  a  journey- 
man plumber.    [G.  O.  No.  820,  See.  5]. 

Sec.  999.  Secretary  of  board. — The  board  shall  elect  one  of 
its  members  secretary,  whose  duty  it  shall  be  to  keep  a  record  of- 
the  business  transacted  by  the  board  and  account  for  all  moneys 
collected  by  him,  and  shall  be  required  to  execute  a  bond  to  the 
city  of  St.  Joseph  in  the  sum  of  one  thousand  dollars  ($1000.00) 
to  be  approved  by  the  mayor.     [G.  0.  No.  820,  Sec.  6]. 

Sec.  1000.  Revocation  of  license.. — The  board  shall  havr- 
power  to  revoke  any  license  issued  by  it  upon  satisfactory  proof 
that  the  holder  of  said  license  has  violated  any  ordinance  of  said 
city  relating  to  the  business  or  trade  of  plumbing  or  for  violation 
of  any  rule  of  said  board,  and  if  any  such  license  shall  be  revoked 
the  same  shall  not  be  re-issued  within  six  (6)  months  thereafter. 


588  REVISED  ORDINANCES.  CHAP.  XXXIX. 

If  any  person,  firm  or  corporation  be  cliargred  with  violation  of 
anj^  of  the  provisions  of  this  ordinance  it  shall  be  the  duty  of  the 
secretary  of  the  board  to  serve  a  copy  of  said  charges  in  writing 
on  the  person,  firm  or  corporation  so  charged  and  notify  him  to 
appear  on  a  day  certain  before  said  board  and  show  cause  why 
his  license  should  not  be  revoked.     [G.  0.  No.  820,  See.  7]. 

Sec.  1001.  Fees  for  examination. — The  examination  fee  for 
a  master  or  employing  plumber  shall  be  two  dollars  ($2.00).  The 
fee  for  a  journeyman  plumber  shall  be  two  dollars  ($2.00)  which 
fee  shall  be  paid  to  the  secretary  of  said  board  when  the  applicant 
files  his  application  for  examination.  All  fees  so  paid  to  the  sec- 
retary shall  be  paid  by  him  to  the  city  treasurer.  Each  license  so 
issued  by  the  board  shall  be  renewed  annually  upon  the  payment 
to  the  secretary  of  the  board  renewing  the  same  a  fee  of  one  dol- 
lar ($1.00),  and  the  same  may  be  renewed  by  any  board  created 
under  this  ordinance.     [G.  0.  No.  820,  Sec.  8]. 

Sec.  1002.  Penalty  for  violation.^ — Any  person,  firm  or  cor- 
poration, or  the  agent  or  officer  of  any  such  person,  firm  or  cor- 
poration who  shall  violate  or  permit  to  be  violated  any  of  the  pro- 
visions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  to  exceed  one  hun- 
dred dollars  ($100.00)  for  each  and  every  such  offense.  [G.  0. 
No.  620,  Sec.  9]. 

Sec.  1003.  Ordinance  to  be  printed. — The  city  comptruUer 
shall  immediately  after  the  passage  of  this  ordinance  procure  five 
hundred  copies  hereof  to  be  printed  for  gratuitous  distribution 
among  masters  and  journeymen  plumbers,  the  expense  of  such 
printing  to  be  paid  out  of  the  contingent  and  incidental  fun-" 
[G.  0.  No.  820,  Sec.  10]. 

Sec.  1004.  Regular  meeting  of  board. — Said  board  shall 
convene  for  business  on  the  first  and  third  Tuesdays  in  each 
month,  but  the  plumbing  inspector  may  call  special  sessions  of 
said  board  whenever  deemed  necessary.  [G.  0.  No.  820,  Sec.  II]. 


ART.  I. 


POLICE  COURT. 


589 


CHAPTER    XL 


POLICE  COURT. 


Article 

I.     Police  court. 
II.     Secretary  of  police  court. 


Article 

III.     Contempt. 


ARTICLE    I 


POLICE  COURT. 


Section 

1005.  Statement     to     be     filed    with 

police  judge,  form  of. 

1006.  Police   officers   to    inform    city- 

attorney,   etc. 

1007.  Summons  or  warrant  to  be  is- 

sued. 

1008.  Warrant   unnecessary,    when. 

1009.  Summary  hearing  of  cause. 

1010.  Accused    may    give    bond    for 

appearance. 

1011.  Forfeiture  of  bond  adjudged. 

1012.  Forfeiture  may  be  set  aside. 

1013.  Prisoner    to    be    committed    to 

police  station  or  workhouse. 

1014.  Judgment  by  default. 

1015.  Judgment   by   default   may  be 

set  aside. 

1016.  Defective    statement    may    be 

amended. 

1017.  Dilatory    motions    to    be    dis- 

posed of,  when. 

1018.  Adjournment  by  police  judge. 

1019.  Judgment     against     informant 

for  costs. 

1020.  Notices    to   be    served   on   city 

attorney. 

1021.  City   attorney    may    make   af- 

fidavits. 


Section 

1022.  City  attorney  may  appeal. 

1023.  Execution   to   be   issued;   form 

of. 

1024.  In  default  of  property,  defend- 

ant to  be  committed. 

1025.  Officers    must   attend   as   wit- 

nesses. 

1026.  Depositions  may  be  read. 

1027.  Fees    of   witnesses    and    inter- 

preter. 

1028.  Attachments   for  witnesses. 

1029.  Witness    attached    may    give 

bond. 

1030.  In  default  of  bond,  to  be  com- 

mitted. 

1031.  Delinquent     witness     may     be 

fined. 

1032.  Witness  may  be  recognized. 

1033.  Limitation      of      prosecutions, 

etc. 

1034.  Practice   before  justice  of  the 

peace    applicable. 

1035.  Police  judge  may  appoint  at- 

torney. 

1036.  Chief  of  police  to  keep  record 

of  witnesses. 

1037.  Fines,    etc.,     to    be    paid    into 

city  treasury. 


Sec.  1005.     Statement  to  be  filed  with  police  judge,  form  of. 

— All  fines  and  penalties  for  violation  of  any  ordinance  of  the 
city  of  St.  Joseph  shall  be  recoverable  by  suit,  in  the  nature  of  an 
action  of  debt,  before  the  judge  of  the  police  court;  and  no  suit 
shall  be  commenced  or  judgment  rendered  in  any  case  until  a 


590  REVISED  ORDINANCES.  CHAP.  XL. 

statement  shall  be  filed  with  the  judge  of  the  police  court,  signed 
by  the  city  attorney  or  the  person  acting  in  his  stead;  which 
statement  shall  be  in  form  substantially  as  follows: 

The  City  of  St.  Joseph,  Plaintiff, 

versus 
Defendant. 

Before the  judge  of  tlie  police  court  of  the  city 

of  St.  Joseph. 

Plaintiff  complains  of  defendant,  John  Smith,  and  for  cause  of  action 

alleges  that  said  defendant,  on  the day  of A.  D.  18. . . . 

did  violate  an  ordinance  of  said  city,  by  (here  insert  the  particulars)  to  the 

damage  of  plaintiff  in  the  sum  of dollars 

A.  B.,  City  Attorney. 

Such  statement  may  be  founded  either  upon  the  personal 
knowledge  of  the  city  attorney,  the  official  report  made  to  him 
in  writing  by  some  officer  or  policeman  of  the  city,  the  affidavit 
of  some  ciualified  person  charging  another  with  violation  of  some 
ordinance,  or  the  voluntary  appearance  of  a  person  guilty  of  such 
violation.      [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  1]. 

Sec.  1006.  Police  officers  to  inform  city  attorney,  etc. — It 
shall  be  the  duty  of  each  and  every  police  officer  of  the  city  of  St. 
Joseph  to  inform  the  city  attorney,  as  soon  as  practicable,  of  all 
violations  of  the  ordinances  of  said  city.  Whenever  any  such 
violation  shall  come  to  his  knowledge  such  information  shall  be 
filed  in  writing,  signed  by  the  officer  making  the  same,  and  shall 
be  accompanied  with  the  names  of  witnesses  to  such  violation, 
and  if  the  officer  making  the  report  shall  have  good  reason  to 
believe  that  the  person  reported  has  no  fixed  place  of  residence, 
or  is  a  non-resident,  or  is  about  to  leave  the  limits  of  the  city, 
such  report  or  information  shall  be  made  upon  oath  or  affirma- 
tion; thereupon  it  shall  be  the  duty  of  the  city  attorney  when- 
ever, in  his  opinion,  an  action  can  be  maintained  against  the  per- 
son or  persons  so  complained  of,  to  institute  proceedings  before 
the  judge  of  the  police  court  by  filing  such  report  as  provided  for 
in  section  1005  of  this  ordinance.  |I\.  0.  1897,  Chap.  59,  Art.  1, 
Sec.  2.] 

Sec.  1007.  Summons  or  warrant  to  be  issued. — Upon  the 
statement  being  filed  by  the  city  attorney,  or  the  person  acting 
in  his  stead,  the  judge  of  the  police  court  shall  issue  a  summons 


ART.  I.  POLICE  COURT.  591 

returnable  forthwith;  and  in  all  eases  where  such  statement  is 
based  upon  or  accompanied  with,  a  complaint,  or  information  on 
oath,  the  judge  of  the  police  court  shall  issue  a  warrant  for  the 
apprehension  of  the  person  or  persons  charged  with  the  commis- 
sion of  an  offense  against  the  ordinance  of  the  city.  [R.  O.  1897, 
Chap.  59,  Art.  1,  Sec.  3]. 

Sec.  1008.  Warrant  unnecessary,  when. — No  warrant  shall 
be  issued  against  a  person  who  shall  have  been  lawfully  arrested 
and  brought  before  the  judge  of  the  police  court  without  a  war- 
rant, but  in  every  such  case  a  trial  shall  be  had  upon  the  state- 
ment of  the  city  attorney,  or  the  person  acting  in  his  stead,  based 
ui:)on  a  written  report  made  to  him  by  the  officer  who  made  the 
arrest,  or  the  chief  of  police  or  deputy  chief  of  police  or  keeper  of 
the  city  workhouse,  and  in  such  cases  no  affidavit  shall  be  re- 
quired.     [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  4]. 

Sec.  1009.  Summary  hearing  of  cause. — In  all  trials  for  vio- 
lation of  ordinances  of  the  city  the  cause  shall  be  heard  and  de- 
termined in  a  summary  manner  unless  for  good  cause  shown  the 
judge  of  the  police  court  shall  postpone  the  same.  [R.  O.  1897, 
Chap.  59,  Art.  1,  Sec.  5]. 

Sec.  1010.  Accused  may  give  bond  for  appearance. — A  per- 
son arrested  for  a  violation  of  any  ordinance  may  be  held  to  bail 
by  executing  a  bond  to  the  city,  with  suiftcient  security,  to  be  ap- 
proved by  the  judge  of  the  police  court  or  chief  of  police,  or  such 
police  officer  as  may  be  designated  by  said  chief  of  police,  in 
double  the  amount  of  the  highest  penalty  provided  by  ordinance 
for  the  violation  alleged,  conditioned  that  the  prisoner  will  ap- 
pear upon  the  day  named  therein  before  the  judge  of  the  police 
court,  to  answer  for  the  violation  of  which  said  prisoner  is  ac- 
cused, and  there  to  await  trial  of  the  charge  pending  or  to  be 
preferred  against  said  prisoner.  [R.  0.  1897,  Chap.  59,  Art.  1, 
Sec.  6]. 

Sec.  1011.  Forfeiture  of  bond  adjudged.— Such  bond,  when 
approved,  shall  be  filed  with  the  secretary  of  the  police  court, 
and  if  the  principal  therein  shall  fail  to  appear,  according  to  the 
conditions   of  his   said   bond,   or  having   appeared,   shall   depart 


592  REVISED  ORDINANCES.  CHAP.  XL. 

the  court  without  leave,  the  judge  of  the  police  court  shall  ad- 
judge such  bond  to  be  forfeited,  and  render  judgment  against  the 
principal  and  sureties  therein  for  the  amount  of  the  penalty  in 
said  bond  mentioned,  together  with  costs,  and  shall  issue  execu- 
tion therefor.     [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  7]. 

Sec.  1012.  Forfeiture  may  be  set  aside. — If  the  principal  in 
any  bond  which  shall  have  been  forfeited  and  judgment  rendered 
thereon,  as  provided  in  the  preceding  section,  shall  personally  ap- 
pear before  the  judge  of  the  police  coiu't  within  five  days  after 
the  rendition  of  such  judgment,  and  make  his  application,  sup- 
ported by  affidavit,  showing  good  cause  therefor,  the  judge  of  the 
police  court  may,  on  the  payment  of  all  accrued  costs,  set  such 
judgment  aside.     [K.  0.  1897,  Chap.  59,  Art.  1.  Sec.  8]. 

Sec.  10] 3.  Prisorer  to  be  committed  to  police  station  or 
v/orkhouse. — Persons  in  custody  who  cannot  be  tried  because  of 
the  absence  of  witnesses,  or  other  cause,  shall,  in  default  of  bail 
for  appearance,  be  committed  to  the  police  station  or  the  work- 
house until  a  trial  be  had.  In  such  cases  the  judge  of  the  police 
court  shall  deliver  to  the  chief  of  police  a  commitment,  stating 
therein  the  cause  of  detention.  [R.  0.  1897,  Chap.  59,  Art.  1, 
Sec.  9]. 

Sec.  1014.  Judgment  by  default. — AVhen  a  defendant  duly 
summoned  fails  to  appear  a1  the  time  the  suit  is  set  for  trial  the 
judge  of  the  police  court  shall  hear  and  examine  the  testimony 
offered  on  the  part  of  the  city,  and  shall  render  judgment  by  de- 
fault for  such  amount,  under  the  ordinances,  as  he  may  deem  jus- 
tice to  require,  together  with  all  the  costs  accrued  therein.  [R. 
O.  1897,  Chap.  59,  Art.  1,  Sec.  10]. 

Sec.  1015.  Judgment  by  default  may  be  set  aside.— Judg- 
ment by  default  rendered  under  the  preceding  section  may  be  set 
aside  by  the  judge  of  the  police  court,  and  a  new  trial  granted 
within  ten  days  of  the  rendition  thereof:  Provided,  the  defend- 
ant shall  personally  appear  and  make  application,  supported  by 
affidavit,  showing  good  cause  therefor,  and  pay  all  accrued  costs. 
[R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  11]. 


ART.  I.  POLICE  COURT.  593 

Sec.  1016.  Defective  statement  may  be  amended. — No  suit 
shall  be  dismissed  on  account  of  any  defect  or  imperfection  in  the 
statement  or  report,  but  such  statement  or  report  may  be  amended 
at  any  time  before  judgment  is  rendered.  [R.  0.  1897,  Chap.  59, 
Art.  1,  Sec.  12]. 

Sec.  1017.    Dilatory  motions  to  be  disposed  of,  when. — All 

motions  in  relation  to  matters  which  do  not  necessarily  arise  dur- 
ing the  progress  of  a  trial,  and  all  special  and  dilatory  pleas  must 
be  made  in  writing,  and  argued  when  the  case  is  called  up  for 
trial,  and  at  no  other  time.  [R.  0.  1897,  Chap.  59,  Art.  1,  Sec. 
13]. 

Sec.  1018.  Adjournment  by  police  judge. — The  judge  of  the 
police  court  may,  for  good  cause  shown,  adjourn  any  case  pend- 
ing before  him  to  another  specified  day,  and  if  in  such  case  the 
defendant  is  under  arrest,  he  may  be  discharged  on  his  executing 
a  bond  to  the  city  of  St.  Joseph,  with  sufficient  security,  to  be  ap- 
proved by  the  judge  of  the  police  court  in  double  the  amount  of 
the  highest  penalty  for  the  offense  with  which  he  is  charged,  con- 
ditioned for  his  appearance  before  the  judge  of  the  police  court 
on  the  day  fixed  for  his  trial  to  answer  the  charge  pending  against 
him,  and  not  depart  the  court  without  leave,  which  bond  shall  be 
filed  and  may  be  forfeited  in  the  manner  prescribed  in  section 
1011  of  this  ordinance.     [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  11] . 

Sec.  1019.  Judgment  against  informant  for  costs. — When 
upon  trial  of  any  person  charged  with  a  violation  of  any  ordi- 
nance of  this  city,  the  judge  of  the  police  court  shall  be  satisfied 
from  the  evidence  that  the  information  upon  which  such  violation 
is  based  was  made  vexatiously,  maliciously  and  without  probable 
cause,  he  shall  acquit  the  defendant  and  render  judgment  against 
the  informant  for  all  the  costs  of  the  proceedings  had  therein; 
and  such  judgment  shall  have  like  effect  and  may  be  enforced  in 
the  same  manner  as  if  judgment  had  been  rendered  against  such 
informant  for  violation  of  an  ordinance.  [R.  0.  1897,  Chap.  59, 
Art.  1,  Sec.  15]. 

Sec.  1020.  Notices  to  be  served  on  city  attorney.— All  pro- 
cess and  notices  which  it  may  be  necessary  in  any  suit  before  the 
judge  of  the  police  court,  to  serve  on  the  city,  shall  be  served  on 
the  city  attorney,  or  the  person  acting  in  his  stead.  [R.  0.  1897, 
Chap.  59,  Art.  1,  Sec.  16]. 

38 


594  REVISED  ORDINANCES.  CHAP.  XL. 

Sec.  1021.  City  attorney  may  make  affidavits. — AVhen  any 
affidavit  on  the  part  of  the  city  shall  be  required  in  any  cause 
which  has  originated  in  the  police  court  it  shall  be  made  by  the 
city  attorney  or  by  some  officer  or  person  to  whom  the  facts  are 
known.  No  affidavit  shall  be  required  of  the  city  attorney  in 
support  of  an  application  for  a  continuance,  but  his  official  state- 
ment of  the  facts  relied  upon  shall  be  taken  as  true.  [R.  0.  1897, 
Chap.  59,  Art.  1,  Sec.  17]. 

Sec.  1022.  City  attorney  may  appeal. — The  city  attorney  or 
person  prosecuting  in  his  stead  may,  if  in  his  judgment,  the  in- 
terests of  the  city  require  it,  take  an  appeal  on  behalf  of  the  cit}^ 
from  any  judgment  of  the  judge  of  the  police  court.  [R.  0.  1897, 
Chap.  59,  Art.  1,  Sec.  18]. 

Sec.  1023.  Execution  to  be  issued,  form  of.^Upou  the  ren- 
dition of  a  judgment  against  a  defendant,  which  shall  be  for  the 
fine  assessed  and  all  costs  accrued  iu  the  case,  the  judge  of  the 
police  court  shall  issue  an  execution  in  the  following  form  as 
near  as  he  may  be : 

The  state  of  Missouri— To  the  Chief  of  Police  of  the  City  of  St.  Joseph, 

Gi'eeting: 

Whereas,  the  city  of  St.  Joseph  hath  this  day  obtained  a  judgment 
before  undersigned  judge  of  the  police  court  of  the  city  of  St.  Joseph, 

against for  a  violation  of  an  ordinance  of  said  city  for  the  sum 

of dollars,  together  with  the  costs  on  this  behalf:     These  are, 

therefore,  to  command  you  to  levy  said  debt  and  costs  of  the  property  of 

said vi'ithin  the  city  of  St.  Joseph  and  expose  the  same  to  sale 

agreebly  to  law;  and  for  want  of  sufficient  property  whereon  to  levy  the 
said  debt  and  costs,  you  are  hereby  commanded  to  take  the  body  of  said 

into  your  custody  and  convey  him  to  the  workhouse  of  the  city 

of  St.  Joseph ;  the  keeper  thereof  is  hereby  commanded  to  receive  him,  and 
him  safely  keep  until  the  said  debt  shall  have  been  paid  by  his  labor 
according  to  the  laws  of  the  state  of  Missouri,  and  the  ordinances  of  the 
city  of  St.  Joseph,  or  until  he  shall  otherwise  be  discharged  by  due  course 
of  law;  and  you  are  also  commanded  to  make  return  of  this  execution  with- 
in thirty  days  from  the  date  thereof,  with  your  return  thereon,  rotating  how 
you  have  executed  the  same.     Given  under  my  hand,  at  the  police  court,  in 

the  city  of  St.  Joseph  this day  of A.  D.  18. . . . 

Judge  of  the  police  court. 

[R.  0.  1897,  Chap.  59,  Art.  I,  Sec.  19]. 

Sec.  1024.  In  default  of  property,  defendant  to  be  commit- 
ted.— If  sufficient  propei'ty  of  the  defendant  be  not  found  to  sat- 


ART.  I.  POLICE  COURT.  595 

isfy  the  execution  and  costs  the  chief  of  police  shall  take  the  body 
of  the  defendant  into  custody,  and  convey  in  a  covered  convey- 
ance, said  defendant  without  delay,  to  the  city  workhouse,  and 
deliver  him  to  the  superintendent  or  keeper  thereof,  taking  his 
receipt  therefor  to  be  endorsed  upon  said  execution.  [R.  0.  1897, 
Chap.  59,  Art.  1,  Sec.  20] . 

Sec.  1025.  Officers  must  attend  as  witnesses. — Officers  shall 
attend  as  witnesses  against  persons  whom  they  have  arrested 
without  being  summoned,  nor  shall  the  judge  of  the  police  court 
issue  any  subpoena  for  them ;  but  if  they  fail  to  appear  at  the 
time  of  trial  they  may  be  attached  and  punished  as  witnesses 
summoned  for  contempt.      [R.  O.  1897,  Chap.  59,  Art.  1,  Sec.  21]. 

Sec.  1026.  Depositions  may  be  read. — Depositions  taken  in 
conformity  to  the  laws  of  this  state  may  be  read  before  the  judge 
of  the  police  court  on  any  trial  where  the  witness  is  dead,  or  by 
reason  of  sickness,  old  age  or  bodily  infirmity,  or  absence  from  the 
city  without  collusion  of  the  party  offering  the  deposition,  or  is 
unable  to  or  cannot  safely  attend  the  trial,  or  when  both  parties 
agree  in  any  case  to  the  reading  thereof.  [R.  0.  1897,  Chap.  59, 
Art.  1,  Sec.  22]. 

Sec.  1027.  Fees  of  witnesses  and  interpreter. — Witnesses 
duly  summoned  in  any  suit  before  the  judge  of  the  police  court 
and  attending  at  the  trial  shall  be  entitled  to  fifty  cents  for  each 
day's  attendance;  but  such  fees  shall  be  taxed  and  collected  only 
w^hen  demanded  or  claimed  by  the  witness  at  the  time  of  the  trial ; 
and  no  witness  shall  be  allowed  more  than  one  fee  for  any  one 
day's  attendance,  nor  shall  any  witness  fee  be  taxed  in  any  case 
in  favor  of  any  member  of  the  police  force.  Any  person  sworn 
as  an  interpreter  in  any  case  shall  be  entitled  to  one  dollar  for 
each  day's  attendance  in  such  case.  [R.  0.  1897,  Chap.  59,  Art. 
1,  Sec.  23]. 

Sec.  1028.  Attachment  for  witnesses. — The  judge  of  the  po- 
lice court  may  issue  attachment  to  compel  the  attendance  of  wit- 
nesses who  shall  have  been  duly  summoned,  which  attachment 
may  be  in  the  following  form : 

The  State  of  Missouri— To  the  Chief  of  Police  of  the  City  of  St.  Joseph, 
Greeting: 
liaving  been  duly  summoned  as  a  witness  in 


596  REVISED   ORDINANCES.  CHAP.  XL. 

a  case  pending  before  the  judge  of  the  police  court,  and  failed  to  attend, 
you  are  commanded  to  take  his  body  and  him,  safely  to  keep,  so  that  you 
have  him  before  the  said  judge  of  the  police  court  at  his  office  m  said  city 

on  the day  of A.  D.  18. . . .,  to  answer  for  such  contempt  and 

give  testimony  as  specified  in  said  summons. 

[R.  O.  1897,  Chap.  59,  Art.  1,  Sec.  24] . 

Sec.  1029.  Witness  attached  may  give  bond. — When  such 
attachment  shall  have  been  executed  by  the  arrest  of  the  person 
against  whom  the  same  shall  have  been  issued  the  chief  of  police 
may  discharge  such  person  on  his  entering  into  a  bond  to  the  city 
of  St.  Joseph,  with  sufficient  security,  to  be  approved  by  the  chief 
of  police,  in  the  sum  of  one  hundred  dollars,  conditioned  for  the 
appearance  and  due  attendance  of  such  person  to  answer  such  at- 
tachment on  the  day  therein  specified,  which  bond  shall  be  filed 
with  the  judge  of  the  police  court ;  and  upon  the  failure  of  such 
person  to  attend  in  accordance  with  the  conditions  of  such  bond 
the  same  may  be  forfeited  in  the  same  manner  and  with  like  ef- 
fect as  provided  in  section  1011  of  this  ordinance.  [R.  0.  1897, 
Chap.  59,  Art.  1,  Sec.  25]. 

Sec.  1030.  In  default  of  bond,  to  be  committed. — When  a 
person  against  whom  an  attachment  shall  have  been  issued  shall 
be  under  arrest,  and  shall  fail  to  give  bond  for  his  appearance,  as 
provided  in  the  preceding  section,  he  shall  be  committed  to  the 
police  station  or  city  workhouse  and  there  safely  kept  until  the 
time  fixed  for  answering  such  attachment ;  and  such  attachment 
shall  be  sufficient  warrant  and  authority  to  the  chief  of  police  for 
such  committal  and  detention.  [R.  0.  1897,  Chap.  59,  Art.  1, 
Sec.  26]. 

Sec.  1031.  Delinquent  witness  may  be  fined. — On  the  ap- 
pearance of  a  party  in  answer  to  an  attachment  the  judge  of  the 
police  court,  unless  good  cause  be  shown  for  non-attendance  in 
obedience  to  the  command  of  the  summons  with  which  he  shall 
have  been  served,  shall  assess  against  such  person  a  fine  not  ex- 
ceeding fifty  dollars,  and  the  judgment  rendered  thereon  shall 
have  the  same  effect,  and  may  be  enforced  in  the  same  manner 
as  if  rendered  against  such  person  for  a  violation  of  city  ordi- 
nances.    [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  27]. 

Sec.  1032.  Witness  may  be  recognized. — When  any  cause  is 
adjourned  by  the  judge  of  the  police  court  the  witnesses  in  at- 


ART.  I.  POLICE  COURT.  597 

tendance  may  be  recognized  in  the  sum  of  fifty  dollars  each,  in 
the  manner  prescribed  by  the  criminal  law  of  the  state.  Such 
recognizance  shall  be  filed  by  the  secretary  of  the  police  court, 
and  may  be  forfeited  in  the  manner  prescribed  in  section  1011  of 
this  ordinance.     [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  28]. 

Sec.  1033.  Limitation  of  prosecutions. — No  prosecution  for 
violation  of  any  city  ordinance  shall  be  commenced  after  the 
lapse  of  twelve  months  after  the  date  of  such  violation:  Pro- 
vided, that  if  any  person  charged  with  such  violation  shall  con- 
ceal or  absent  himself  so  that  a  process  cannot  be  served  upon 
him,  or  shall  absent  himself  from  the  city  for  the  purpose  of 
avoiding  such  prosecution,  the  time  of  such  absence  or  conceal- 
ment shall  not  be  computed.  [R.  0.  1897,  Chap.  59,  Art.  1, 
Sec.  29]. 

Sec.  1034.    Practice  before  justice  of  the  peace  applicable.^ 

The  judge  of  the  police  court  on  all  matters  pertaining  to  prac- 
tice in  the  police  court  concerning  which  there  are  no  specific 
provisions  by  ordinance  shall  be  governed  by  the  laws  of  the  state 
of  Missouri  regulating  proceedings  in  justices'  courts  in  civil 
cases,  and  the  duties  of  the  justices  of  the  peace,  so  far  as  the  same 
may  be  applicable.      [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  30] . 

Sec.  1035.  Police  judge  may  appoint  attorney.— In  the  ab- 
sence of  the  city  attorney  or  other  person  prosecuting  in  his 
stead,  when  any  case  is  about  to  be  tried,  the  judge  of  the  police 
court  may  appoint  some  competent  attorney  to  prosecute  on  be- 
half of  the  city,  who  shall,  during  the  time  he  is  so  acting,  possess 
all  the  powers  vested  in  the  city  attorney.  [R.  0.  1897,  Chap.  59, 
Art.  1,  Sec.  31]. 

Sec.  1036.     Chief  of  police  to  keep  record  of  witnesses. — The 

chief  of  police  shall  enter  in  a  suitable  book  the  names  of  all  wit- 
nesses on  whose  account  he  shall  have  received  fees,  and  shall 
pay  the  same  over  to  the  person  entitled  thereto,  if  called  for 
within  six  months,  otherwise  the  same  shall  be  paid  by  him  into 
the  city  treasury.      [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  32] . 

Sec.  1037.  Fines,  etc.,  to  be  paid  into  city  treasury.— The 
proceeds  of  all  fines  and  forfeitures  accruing  to  the  city  of  St. 
Joseph  for  violation  of  city  ordinances  shall  be  paid  into  the  city 
treasury.     [R.  0.  1897,  Chap.  59,  Art.  1,  Sec.  33]. 


598 


REVISED  ORDINANCES. 


CHAP.  XL. 


ARTICLE      II 


SECRETARY  OF  POLICE  COURT. 


Section 

1038.  Office     created,     appointment, 

etc. 

1039.  General  duties  of. 


Section 

1040.  May  administer  oaths,   etc. 

1041.  Shall  examine  cost  bills. 


Sec.  1038.  Office  created — appointment,  etc. — There  is 
hereby  created  the  office  of  secretary  of  the  police  court.  The 
board  of  police  commissioners  are  hereby  authorized  to  appoint 
the  secretary  of  the  board  of  police  commissioners  to  act  ex  officio 
secretary  of  the  police  court  and  perform  the  duties  of  such  of- 
fice. The  secretary  of  the  board  of  police  commissioners  shall 
receive  no  compensation  for  his  services  as  ex  officio  secretary  of 
the  police  court.      [R.  0.  1897,  Chap.  59,  Art  2,  Sec.  1]. 

Sec.  1039.  General  duties  of. — It  shall  be  the  duty  of  said 
secretary  of  the  police  court  to  attend  at  each  session  of  the  police 
court;  to  have  the  care  and  custody  of  all  books,  records  and 
dockets  of  the  court ;  to  keep  a  true  record  of  all  proceedings 
which  may  be  had  in  the  police  court ;  to  file  and  preserve  all 
papers  which  pertain  to  any  suit  or  other  proceedings  had  therein, 
and  whenever  an  appeal  is  taken  from  the  judgment  rendered  in 
said  court  he  shall  at  once  prepare  a  transcript  of  his  record  and 
submit  the  same  to  the  judge  of  said  court  for  his  signature,  and 
when  the  same  is  duly  signed  by  the  judge  of  the  police  court  he 
shall  file  such  transcript,  together  with  all  the  original  papers  in 
such  case,  with  the  clerk  of  the  criminal  court  within  the  time 
prescribed  by  law  for  filing  transcripts  by  justices  of  the  peace  in 
civil  cases ;  and  shall  keep  a  record  provided  for  that  purpose, 
in  which  he  shall  enter  the  names  of  all  persons  tried  before  the 
judge  of  the  police  court,  the  date  of  trial,  the  number  of  the 
case,  the  violation  or  offense  charged,  and  the  judgment  rendered. 
[K  0.  1897,  Chap.  59,  Art.  2,  Sec.  2] . 


Sec.  1040.     Power  to  administer  oaths,  etc. — The  secretary 
of  the  police  court  shall  have  power  to  administer  oaths.       He 


ART.  II.  SECRETARY  OF  POLICE  COURT.  599 

shall,  so  far  as  is  consistent  with  the  duties  of  his  office,  assist  the 
city  attorney  in  receiving  complaints  and  making  out  the  neces- 
sary papers  therefor.      [R.  0.  1897,  Chap.  59,  Art.  2,  See.  3]. 

Sec.  1041.  Shall  examine  cost  bills. — Whenever  any  person 
shall  be  lined  by  the  judge  of  the  police  court  for  violation  of  any 
ordinance  of  the  city  and  shall  not  pay  the  costs  assessed  against 
him,  it  shall  be  the  duty  of  the  secretary  of  the  police  court  to  ex- 
amine the  items  of  costs  in  the  execution  issued  by  him,  and  if 
such  items  are  correct  to  certify  the  same  as  being  correct;  and 
if  any  of  said  items  of  costs  are  not  correct  they  shall  be  corrected 
as  near  as  may  be,  and  certified  as  above  directed.  No  costs 
shall  be  allowed  and  paid  in  any  case  until  said  certificate  shall 
have  been  endorsed  upon  the  execution  as  herein  required.  [R. 
0.  1897,  Chap.  59,  Art.  2.  Sec.  4]. 


600 


REVISED  ORDINANCES. 


CHAP.  XL. 


ARTICLE     III 


CONTEMPT. 


Section 

104J.     What  conduct  constitutes  con- 
tempt. 
1043.     How  punished. 


Section 

1044.  When    committed    in    view    of 

the  judge  of  the  police  court. 

1045.  Particulars  to  be  stated. 


Sec.  1042.  What  conduct  constitutes  contempt. — The  judge 
of  the  police  court  shall  have  power  to  punish  persons  guilty  of 
any  of  the  following  acts : 

First.  Disorderly,  contemptuous  or  insolent  behavior  com- 
mitted during  the  sitting  of  the  police  court,  in  immediate  view 
and  presence,  and  directly  tending  to  interrupt  its  proceedings 
or  to  impair  the  respect  due  to  its  authority. 

Second.  The  contumacious  and  unlawful  refusal  of  any  per- 
son to  be  sworn  as  a  witness,  or  when  so  sworn  the  like  refusal 
to  answer  any  legal  and  proper  interrogatory. 

Third.  Any  breach  of  the  peace,  noise  or  other  disobedience 
directly  tending  to  interrupt  the  proceedings  of  the  court. 

Fourth.  Willful  disobedience  of  any  process  or  order  law- 
fully issued  or  made  by  the  judge  of  the  police  court. 

Fifth.  Resistance  willfully  offered  by  any  person  to  the 
lawful  order  or  process  of  the  judge  of  the  police  court.  [R.  O. 
1897,  Chap.  59,  Art.  3,  Sec.  1] . 

Sec.  1043.  How  punished. — Punishment  for  contemptuous 
acts  mentioned  in  the  next  preceding  section  may  be  by  fine  or  im- 
prisonment in  the  city  workhouse,  or  both,  in  the  discretion  of  the 
judge  of  the  police  court :  but  in  no  case  shall  the  fine  be  less  than 
three  dollars  nor  more  than  twenty-five  dollars,  nor  shall  the  im- 
prisonment exceed  ten  days ;  and  when  any  person  shall  be  com- 
mitted to  the  city  workhouse  for  the  non-payment  of  the  fine  and 
costs  he  shall  not  be  committed  for  a  longer  period  than  thirty 
days.     [R.  0.  1897,  Chap.  59,  Art.  3,  Sec.  2]. 


ART.  III.  CONTEMPT.  601 

Sec.  1044.  When  committed  in  view  of  the  judge  of  the  po- 
lice court. — Any  contempt  committed  in  the  immediate  view  and 
presence  of  the  judge  of  the  police  court  shall  be  punished  sum- 
marily; in  other  cases  the  party  charged  shall  be  arrested  upon  a 
warrant  issued  out  of  the  police  court  and  have  a  reasonable  time 
to  make  his  defense.     [R.  0.  1897,  Chap.  59,  Art.  3,  Sec.  3]. 

Sec.  1045.  Particulars  to  be  stated.— Whenever  any  person 
shall  be  committed  for  any  contemptuous  conduct  the  particlar 
circumstances  of  his  offense  shall  be  set  forth  in  the  order  or  war- 
rant of  commitment.     [R.  0.  1897,  Chap.  59,  Art.  3,  Sec.  4] . 


602 


REVISED  ORDINANCES. 


CHAP.  XLI. 


CHAPTER      XLI 


PRINTING— CITY  PRINTING. 


Section 

1046.  Comptroller    to    advertise    for 

proposals. 

1047.  Contract  to  be  let  to  the  low- 

est bidder. 

1048.  Contract    made,     bond    to    be 

given. 


Section 

1049.  Job  printing  to  be  let  to  low- 

est bidder. 

1050.  Copies    of    papers    to    be    fur- 

nished  city   officers. 

1051.  City    printing    to    bear    union 

label. 

( 


Sec.  1046.  Comptroller  to  advertise  for  proposals. — The  city 
comptroller  shall,  ten  days  before  the  first  meeting  of  the  com- 
mon council  in  each  year,  advertise  for  proposals  for  publishing 
in  some  newspaper  published  in  the  English  language  in  the  city 
of  St.  Joseph  a  correct  abstract  of  the  proceedings  of  the  council, 
the  substance  of  all  petitions,  memorials,  remonstrances,  motions, 
propositions,  bills,  resolutions  and  orders,  so  as  to  show  their  na- 
ture and  import,  and  also  a  brief  and  accurate  statement  of  all 
proceedings  of  the  council  in  relation  thereto,  and  the  communi- 
cations of  the  mayor  and  other  city  officers  when  the  council  shall 
so  direct ;  also  the  ordinances  and  all  advertisements  on  account 
of  the  city  for  one  year.  Such  advertisement  shall  be  inserted 
in  the  official  paper  of  the  city  and  continued  for  ten  days.  The 
bids  for  such  printing  shall  be  sealed  bids,  directed  to  the  city 
comptroller :  Provided,  that  the  same  matter  shall  not  be  twice 
published.     [R.  0.  1897.  Chap.  60,  See.  1]. 

Sec.  1017.  Contract  to  be  let  to  the  lowest  bidder. — The  city 
comptroller  shall  open  all  the  bids  received  by  him,  in  the  pres- 
ence of  the  common  council  while  in  session,  and  the  contract  for 
doing  said  printing  shall  be  awarded  by  them  to  the  lowest  and 
best  bidder;  and  if  all  bids  are  rejected  the  comptroller  shall 
again  advertise  for  proposals.      [H.  0.  1897,  Chap.  60,  Sec.  2]. 


Sec  1048.  Contract  made,  bond  to  be  given. — After  said 
contract  has  been  awarded  the  city  comptroller  shall  enter  into  a 
written  contract  with  the  person  or  company  to  whom  the  same 
has  been  awarded,  in  accordance  with  the  terms  of  his  bid  for 


PRINTING.  603 

doing-  said  printing,  and  shall  also  cause  said  party  to  execute  a 
bond  to  the  city  in  the  sum  of  two  thousand  dollars,  or  any  other 
sum  fixed  by  the  mayor  and  council,  with  sufficient  security,  for 
the  faithful  performance  of  the  terms  and  conditions  of  said  con- 
tract.    [R.  0.  1897,  Chap.  60,  Sec.  3]. 

Sec.  1049.  Job  printing  to  be  let  to  lowest  bidder. — It  shall 
be  the  duty  of  the  city  comptroller,  whenever  any  job  printing  is 
required  by  the  city,  or  any  of  the  city  departments,  such  as 
blanks,  blank  books,  bill  or  letter  heads,  contracts,  bonds  for  li- 
censes, receipts,  assessment  lists  or  job  printing  of  any  kind,  to 
furnish  a  copy  or  statement  of  the  work  required  to  be  done,  to 
each  job  printing  office  in  the  city,  and  receive  bids  therefor,  open 
the  same  and  award  the  contract  to  the  lowest  and  best  bidder 
for  such  work.     [R.  O.  1897,  Chap.  60,  Sec.  4] . 

Sec.  1050.     Copies  of  papers  to  be  furnished  city  officers. — In 

all  contracts  for  city  printing  it  shall  be  stipulated  that  copies  of 
the  paper  publishing  the  city  printing  shall  be  regularly  left  at 
the  office  of  the  mayor,  city  clerk,  city  comptroller,  city  engineer, 
city  treasurer,  city  auditor  and  city  assessor,  as  ordinarily  distrib- 
uted to  regular  subscribers.      [R.  0.  1897,  Chap.  60,  Sec.  5]. 

Sec.  1051.  City  printing  to  bear  union  label. — The  printing 
used  by  the  various  officers  and  departments  of  the  city  govern- 
ment of  the  city  of  St.  Joseph,  so  far  as  possible,  is  hereby  re- 
quired to  be  executed  in  this  city ;  and  all  said  printing,  except- 
ing the  small  office  stationery  shall  bear  the  union  label.  [G.  O. 
No.  566,  Sec.  1]. 


604 


REVISED  ORDINANCES. 


CHAP.  XLII. 


CHAPTER    XLII. 


RAILWAYS— STEAM  RAILWAYS. 


Section 

1052.     Speed 


locomotives,      etc. 


1053. 
1054. 

1055. 

1056. 

1057. 
1058. 
1059. 


1060. 


of 
limited. 

Detention  at   street   crossings. 

Obstructions  of  streets  and 
crossings. 

Headlights  for  locomotives  re- 
quired. 

Depositing  lumber  in  street, 
etc. 

Ringing  bells  of  locomotives. 

Erection  of  sign  boards. 

Engineers  and  conductors  to 
be  furnished  with  copies  of 
ordinance. 

Penalty  for  violation  of  ordi- 
nance. 


Section 

1U61.     Watchman   to  be   stationed  at 

crossing,  etc. 
Drop    bars     to    be    placed    at 

crossings,  etc. 
Same;       shall      be      provided, 

when. 
Same;   penalty. 
Steam     whistles     regulated  — 

sounding  of. 
Railroads    to    maintain    lights 

at  crossings. 
Lights  at   railroad   crossings — 

how  erected. 
Order    to    erect    lights    to    be 

complied  with,  when. 


1062. 


1063. 


1064. 
1065. 


1066. 


1067. 


1068. 


Sec.  1052.  Rate  of  speed. — No  locomotive  engine,  railroad 
passenger  car  or  freight  car  shall  be  driven,  propelled  or  run  upon 
or  along  any  railroad  track  within  said  city  at  a  greater  speed 
than  the  rate  of  five  miles  per  hour.      [R.  0.  1897,  Chap.  61,  Sec. 

1]. 

Sec.  1053.  Stopping  at  street  crossings. — No  railroad  com- 
pany, railroad  engineer,  train  conductor  or  other  person  shall 
cause  or  allow  any  locomotive  engine,  car  or  cars,  or  train  of  cars 
to  stop  in  or  remain  upon  any  street  and  railroad  crossing  within 
said  city  for  a  longer  period  than  five  minutes  at  any  one  time. 
[R.  0.  1897,  Chap.  61,  Sec.  2]. 


Sec.  1054.  Obstruction  of  street  not  allowed. — Should  any 
street  and  railroad  ciossiiig  in  said  city  be  and  remain  occupied 
and  ()l)stru('ted  in  whole  or  in  part  by  any  train  of  railroad  cars 
for  and  during  the  period  of  five  minutes  it  shall  be  the  duty  of 
each  and  every  railroad  company  upon  whose  line  of  road  such  ob- 
struction may  occur,  their  agents  or  employes,  on  or  before  the 
expiration  of  said  five  minutes,  when  from  any  cause  the  entire 
train  cannot  be  propelled  or  removed  to  any  one  side  of  any  street 
occupied  and  obstructed  as  aforesaid,  to  cause  such  cars  as  may 


STEAM  RAILWAYS.  605 

be  ou  or  near  said  crossing  to  be  uncoupled,  and  some  one  divis- 
ion of  the  train,  as  thus  made,  removed  from  off  the  aforesaid 
street  and  railroad  crossing,  in  such  manner  as  to  leave  said  street 
entirely  free  and  unobstructed,  and  said  train,  when  again 
coupled,  shall  be  removed  forthwith  from  off  any  such  crossing 
as  aforesaid.     [R.  0.  1897,  Chap.  61,  See.  3] . 

Sec.  1055.  Light  on  car  or  engine. — Every  locomotive  en- 
gine, railroad  car  or  train  of  ears  running  in  the  night  time  on 
any  railroad  track  in  said  city  shall  have  and  keep,  while  so  run- 
ning, a  brilliant  and  conspicuous  light  on  the  forward  end  of  such 
locomotive  engine,  car  or  train  of  cars.  [R.  0.  1897,  Chap.  61, 
Sec.  -4] . 

Sec.  1056.  Lumber,  etc.,  not  to  be  deposited  in  street. — No 
company,  corporation  or  person  shall  be  allowed  to  deposit  or 
place  in  the  street  any  lumber  or  other  material,  nor  shall  they 
load  any  car  from  the  street  with  any  material  deposited  there, 
nor  erect  or  maintain  any  switch  house  or  other  building  upon 
any  street,  highway  or  alley  within  the  city  limits.  [R.  0.  1897, 
Chap.  61,  Sec.  5]. 

Sec.  1057.  Bell  to  be  rung. — The  bell  of  each  locomotive  en- 
gine shall  be  rung  continually  while  running  within  said  city. 
[R.  0.  1897,  Chap.  62,  See.  6]. 

Sec.  1058.  Sign  board  at  entrance  of  city. — Each  railroad 
company  running  on  any  railroad  within  said  city  shall  erect  at 
the  entrance  of  such  railroad  within  the  city  a  sign  board  having 
thereon  the  words  "stop  speed,"  "ring  the  bell,"  legibly  painted 
thereon.     [R.  0.  1897,  Chap.  61,  Sec.  7]. 

Sec.  1059.  Copy  of  this  chapter  to  be  furnished  engineer, 
etc. — Each  superintendent  of  any  railroad  shall  furnish  each  engi- 
neer and  train  conductor  of  any  railroad  running  within  this  city 
a  certified  or  printed  copy  of  this  chapter;  and  shall,  moreover, 
furnish  to  any  officer  of  said  city  applying  therefor,  the  name  of 
any  person  in  the  employment  of  said  railroad  company  who  shall 
have  been  charged  with  having  violated  any  of  the  provisions  of 
this  chapter.      [R.  0.  1897,  Chap.  61,  Sec.  8]. 


606  EEVISED  ORDINANCES.  CHAP.  XLII. 

Sec.  1060.  Penalty  for  violating  this  ordinance. — Any  rail- 
road company  or  railroad  corporation  who  shall,  by  themselves, 
itheir  agents,  or  employes,  violate  or  fail  to  observe  any  of  the 
foregoing  provisions  of  this  chapter,  or  any  agent  or  employe  of 
any  railroad  company,  or  railroad  corporation,  or  other  person 
who  shall  violate  or  fail  to  observe  the  same  shall,  for  each  viola- 
tion or  failure  to  observe  the  same,  be  subject  to  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  '  dollars.  [R.  0. 
1897,  Chap.  61,  Sec.  9]. 

Sec.  1061.  Watchman  to  be  stationed  at  crossing. — Every 
railroad  company,  corporation  or  person  owning  or  using  any 
railway  track  in  this  city,  upon  which  may  be  run  locomotives  and 
trains  of  cars,  which  may  cross  any  of  the  public  streets  of  said 
city,  shall,  at  every  such  street  crossing,  whenever  required  so  to 
do  by  the  common  council  of  said  city,  station  a  watchman  or 
flagman,  who  shall  notify  and  warn  all  persons  traveling  such 
street  of  the  approach  of  locomotives  or  trains  of  cars  to  such 
crossing,  and  to  guard  against  collisions  between  persons  travel- 
ing the  street  and  the  machinery  operated  upon  such  railroad 
tracks.  The  common  council  shall  require  such  watchman  or 
flagman  to  be  so  stationed,  by  resolution  duly  passed,  a  certified 
copy  of  which  shall  be  served  upon  the  company,  corporation  or 
person  owning  or  using  such  tracks  to  their  agents  or  servants  in 
charge  thereof;  and  any  such  railroad  company,  corporation  or 
person,  or  the  agents  or  servants  of  the  same  failing,  upon  such 
request  to  comply  with  and  observe  the  provisions  of  this  section, 
shall  be  subject  to  the  fine  imposed  by  section  1060  of  this  chap- 
ter.    [G.  0.  No.  904,  Sec.  1]. 

Sec.  1062.  Drop  bars  to  be  placed  at  crossing,  etc. — When- 
ever the  common  council  shall  deem  it  necessary  to  require  the 
precaution  for  the  safety  of  travel  on  the  public  streets  ancl  ave- 
nues of  said  city  where  the  same  are  crossed  by  any  railway 
within  the  limits  of  the  city  of  St.  Joseph  to  have  and  maintain 
gates  or  drop  bars  on  each  side  of  such  crossings,  with  a  gate 
keeper  or  watchman  to  operate  such  gates  or  drop  bars,  it  may, 
by  resolution,  declare  that  it  is  necessary  to  have  and  maintain 
gates  or  drop  bars,  with  a  gate  keeper  or  watchman  to  operate 
such  gates  or  drop  bars  at  the  crossing  or  crossings  designated  in 
such  resolution,  and  therein  request  the  railway  company  whose 


STEAM  RAILWAYS.  607 

duty  is  or  may  be  to  furnish  and  maintain  such  drop  bars  or  gates 
with  gate  keepers  or  watchmen  to  operate  such  drop  bars  or 
gates :  Provided,  that  automatic  drop  bars  or  gates  of  approved 
design,  not  requiring  the  attention  of  a  watchman  or  gate  keeper 
may  be  used,  at  the  option  of  such  railway  company.  It  shall  be 
the  duty  of  the  city  clerk  to  at  once  notify  such  railway  company 
by  serving  upon  the  officer  or  representative  of  such  company  a 
copy  of  such  resolution.     [G.  0.  No.  909,  Sec.  1]. 

Sec.  1063.  Same;  shall  be  provided  when — maintained 
jointly,  when. — It  shall  be  the  duty  of  such  railway  company 
within  thirty  days  after  a  copy  of  such  resolution  is  served  upon 
it  or  its  officers  or  representatives  in  the  city  of  St.  Joseph,  as 
provided  in  the  preceding  section,  to  place  drop  bars  or  gates 
with  a  gate  keeper  or  watchman  at  the  crossing  or  crossings  desig- 
nated in  such  resolution,  and  maintain  them  thereon  until  re- 
lieved therefrom  by  order  of  the  common  council :  Provided, 
that  in  all  cases  where  the  lines  of  several  railroad  companies  shall 
cross  a  street  at  the  same  place,  then  said  companies  shall  be  al- 
lowed to  build  and  maintain  one  or  more  gates  at  their  joint  ex- 
pense, the  same  to  be  under  supervision  of  the  city  engineer.  [G. 
O.  No.  715,  Sec.  2]. 

Sec.  1064.  Same;  penalty. — If  any  railroad  company  shall 
neglect  or  refuse  to  furnish,  place  and  maintain  drop  bars  or 
gates,  with  gate  keeper  or  watchman  to  operate  the  same,  at  such 
railway  crossing  after  notice  and  request,  as  hereinbefore  pro- 
vided, it  shall,  upon  conviction  in  the  proper  court,  for  such  neg- 
lect or  refusal,  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
day  of  such  neglect  or  refusal.      [R.  0.  1897,  Chap.  61,  Sec.  13]. 

Sec.  1065.      Steam   whistles — sounding   of   regulated. — The 

blowing  or  sounding  of  steam  whistles  on  railroad  locomotives 
within  the  city  limits  except  in  cases  of  immediate  danger  is 
hereby  prohibited.  Any  violation  by  any  railroad  company  of 
this  ordinance  shall  be  considered  a  misdemeanor,  and  subject  to 
a  fine  of  not  less  than  twenty  dollars  nor  more  than  fifty  dollars. 
[R.  0.  1897,  Chap.  61,  Sec.  14]. 


608  REVISED  ORDINANCES.  CHAP.  XLII. 

Sec.  1066.  Railroads  to  maintain  lights  at  crossings.— Every 
railroad  company  owuiug  or  operating  a  line  or  lines  of  railroad 
in  or  through  said  city  shall  erect  and  maintain  suitable  lights 
in  all  streets  and  alleys  along,  through  or  over  which  its  tracks 
may  run.  Said  lights  shall  be  placed  at  such  points  along  said 
tracks  at  such  times  as  the  common  council  may  by  ordinance 
direct.     [G.  0.  No.  826,  Sec.  1]. 

Skc.  1067.  Lights  at  railroad  crossings — how  erected. — The 
lights  provided  for  in  the  foregoing  section  shall  be  operated  with 
electricity,  and  shall  in  no  instance  be  of  less  than  two  thousand 
nominal  candle  power;  shall  be  mounted  on  or  hung  from  poles 
not  less  than  twenty  nor  more  than  thirty  feet  high,  and  shall  be 
suspended  therefrom  so  as  to  overhang  the  center  of  the  street 
or  alley  where  same  may  be  placed,  and  provided  with  reflectors 
so  as  to  throw  their  light  down  into  said  streets  or  alleys,  and 
shall  cast  no  shadows  therein ;  said  poles  shall  be  placed  at  such 
points  as  the  common  council  or  the  board  of  public  works  may 
direct,  and  shall  not  obstruct  nor  interfere  with  the  travel  along 
or  upon  such  streets  or  alleys.  Said  lights  shall  be  kept  burning 
every  night  from  sunset  until  sunrise  in  the  morning.  [G.  0.  No. 
826,  Sec.  2]. 

Sec.  1068.  Order  to  erect  lights  to  be  complied  with  when. — 
It  shall  be  the  duty  of  every  such  railroad  company  to  erect  and 
maintain  said  lights  within  thirty  (30)  clays  after  being  ordered 
to  do  so  by  the  common  council  as  provided  herein,  notice  of 
which  shall  be  given  to  such  company  by  the  city  clerk  imme- 
diately upon  the  approval  of  such  ordinance.  Should  any  such 
railroad  company  fail  to  cause  lights  to  be  erected  within  the  time 
aforesaid  it  shall  be  deemed  guilty  of  a  misdemeanor  and  be 
fined  in  a  sum  not  to  exceed  five  hundred  dollars  ($500.00).  Each 
and  every  day  such  company  shall  fail  to  provide  lights  so  re- 
ciuired,  after  the  expiration  of  said  thirty  (30)  days'  notice,  shall 
be  a  separate  and  distinct  violation  of  the  terms  hereof.  [G.  0. 
No.  826,  Sec.  3]. 


ART.  I. 


STREET  RAILWAYS. 


G09 


CHAPTER     XLIII 


RAILWAYS— STREET  RAILWAYS. 


Article 

I.     General     provisions     for     street 

railways. 
II.     Reconstruction     and     paving     of 
street  railway   tracks. 


Article 
III.     Plank  crossings  for  street  rail- 
way tracks. 


ARTICLE    I. 


GENERAL  PROVISIONS   FOR  STREET  RAILWAYS. 


Section 

Section 

1069. 

Operators     of     street     railway 
subject  to  this  ordinance. 

1078. 

1070. 

Shall     keep     track     in     proper 
condition. 

1079. 

1071. 

Rules  and  regulations  for  run- 
ning cars. 

1080. 

1072. 

Not  to  interfere  with  fire  de- 
partment. 

1081. 

1073. 

Use  of  steam  prohibited,   can- 

1082. 

not  increase  fare. 

1083. 

1074. 

Cannot    build    tracks    without 
permission. 

1084. 

1075. 

Penalty    for    violation    of    pre- 

1085. 

ceding  sections. 

1086. 

1076. 

Fenders     required     on     cars — 

penalty. 

1087. 

1077. 

Regulation  of  speed. 

1088. 

Cars  to  be  provided  with 
gongs,  sounded  when. 

Cars  to  stop  at  railroad  cross- 
ing,  gong  to  be   sounded. 

Car  to  be  numbered  and  li- 
censed. 

Penalty  for  failure  to  pay  li- 
cense. 

Transfers — duty  to  issue. 

Same — how  issued. 

Tiansfers  not  to  be  sold  or 
given  away — penalty. 

Same. 

To  remove  tracks  and  restore 
streets  when  abandoned. 

Same;  penalty. 

Notice  to  restore  street,  how 
served. 


Sec.  1069.  Operators  of  street  railways  subject  to  this  ordi- 
nance.— Every  person,  corporation,  company,  or  copartuersliip 
owning  or  operating  any  street  railway,  or  engaged  in  the  bus- 
iness of  transporting  passengers  from  any  one  point  to  any  other 
point  within  this  city  for  hire,  on  street  railways,  shall  be  subject 
to  all  the  conditions,  stipulations  and  requirements  of  this  ordi- 
nance.    [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  1]. 


Sec  1070.  Shall  keep  track  in  proper  condition. — Every 
horse  or  street  railroad  company  having  its  railway  located  in 
and  along  any  street  or  streets  within  the  city  of  St.  Joseph  shall 

39 


610  REVISED  ORDINANCES.  CHAP.  XLIII. 

keep  the  track  of  its  road  in  such  condition  that  such  track  shall 
not  at  any  time  be  elevated  above  the  surface  of  the  street  on 
which  it  is  laid,  so  that  vehicles  can  easily  and  freely,  at  all  times, 
cross  said  track  at  all  points,  in  any  direction,  without  obstruc- 
tion, and  shall  also  keep  in  good  repair  such  portions  of  the 
street  as  it  has  agreed  with  the  said  city  so  to  do,  or  as  required 
by  the  ordinances  of  the  city.  And  if  any  company  shall  fail  or 
neglect  to  comply  with  the  provisions  of  this  section  the  board 
of  public  works  shall  cause  notice  to  be  served  on  the  president 
or  superintendent  of  such  company,  requiring  the  company  to 
put  its  road  and  track  in  the  condition  required  by  this  section 
within  five  days  after  the  service  of  such  notice,  and  if  such  com- 
pany shall  fail  or  neglect  to  comply  with  the  requirements  of 
such  notice  within  the  time  prescribed  such  company  shall  forfeit 
and  pay  to  the  city  of  St.  Joseph  not  less  than  twenty  nor  more 
than  one  hundred  dollars  for  every  day  such  neglect  or  failure 
shall  continue  after  the  expiration  of  said  five  days '  notice,  which 
may  be  recovered  by  suit  before  any  court  having  jurisdiction  of 
the  amount  sued  for.     [G.  O.  No.  903,  Sec.  1]. 

Sec.  1071.  Rules  and  regulations  for  running  cars. — The  fol- 
lowing rules  and  regulations  concerning  the  running  of  street 
railways  shall  be  binding  upon  every  person,  corporation,  com- 
pany or  copartnership  operating  any  such  railway  in  the  city  of 
St.  Joseph : 

First.  No  car,  when  not  in  actual  use  for  passenger  travel, 
shall  be  kept  standing  in  any  street  or  other  public  thoroughfare. 

Second.  Cars  driven  in  the  same  direction  shall  not  ap- 
proach each  other  within  a  distance  of  three  hundred  feet,  except 
in  case  of  accident  or  when  it  may  be  necessary  to  connect  two 
cars  together,  or  at  stations ;  and  upon  the  approach  of  any  car 
to  a  distance  of  fifty  feet  or  less  from  any  vehicle  the  conductor 
or  driver  of  such  car  shall  notify  the  driver  or  person  in  charge 
of  said  vehicle  to  vacate  the  track,  and  if,  after  a  sufficient  time 
has  elapsed  to  enable  the  driver  or  person  in  charge  of  said  vehi- 
cle aforesaid  to  comply  with  such  notification,  he  fails  to  do  so, 
it  shall  be  the  duty  of  the  conductor  of  said  car  to  forthwith  as- 
certain the  cause  of  such  detention,  and  if  the  delay  shall  be  the 
result  of  any  accident  to  said  vehicle  or  horses  attached  thereto, 


ART.  I.  STREET  RAILWAYS.  611 

the  conductor  aforesaid  shall  render  such  aid  as  may  be  necessary 
for  the  removal  of  the  cause  of  such  detention ;  but  in  no  event 
shall  this  ordinance  or  any  part  thereof  be  so  construed  as  to 
sanction  or  allow  the  wilful  or  wanton  collision  with  any  private 
vehicle  on  the  track  of  any  such  railway  lines;  and  any  person, 
corporation,  company  or  copartnership  so  offending'  shall  be 
deemed  guilty  of  a  misdemeanor. 

Third.  No  car  shall  be  allowed  to  stop  on  a  crosswalk  nor 
in  front  of  any  intersecting  street,  except  to  avoid  collision  or  to 
prevent  danger  to  persons  in  the  street.  This  section  shall  not  be 
so  construed  as  to  prevent  any  car  from  stopping  upon  any 
switch  that  may  be  at  the  intersection  of  streets. 

Fourth.  When  any  car  shall  be  required  to  stop  at  the  in- 
tersection of  streets  to  receive  or  leave  passengers,  it  shall  be 
stopped  so  as  to  leave  the  rear  platform  partly  over  the  crossing. 

Fifth.  The  conductor  or  driver  of  each  car  shall  keep  a 
vigilant  watch  for  all  vehicles  and  persons  on  foot,  especially 
children,  either  on  the  track  or  moving  towards  it,  and  on  the 
first  appearance  of  danger  to  such  persons  or  vehicles,  the  car 
shall  be  stopped  in  the  shortest  time  and  space  possible. 

Sixth.  Conductors  shall  not  allow  ladies  or  children  to  leave 
or  enter  the  cars  while  the  same  are  in  motion. 

Seventh.  Conductors  shall  announce  to  passengers  the 
names  of  streets,  or  the  place  where  the  cars  connect  with  or  in- 
tersect any  railway  track. 

Eighth.  The  cars  after  sunset  shall  be  provided  with  signal 
lights. 

Ninth.  The  cars  shall  be  entitled  to  the  track,  and  any 
vehicle  upon  the  track  shall  turn  out  when  any  car  comes  up,  so 
as  to  leave  the  track  unobstructed ;  and  the  driver  of  any  vehicle 
refusing  to  do  so,  when  requested  by  the  driver  of  any  car,  shall 
be  deemed  guilty  of  a  misdemeanor ;  provided,  that  persons  mov- 
ing any  article  from  or  to  any  vehicle,  shall  be  allowed  a  reason- 
able and  sufficient  time  to  load  or  unload  the  same.  [G.  0.  914, 
Sec.  1]. 


612  REVISED  ORDINANCES.  CHAP.  XLIII. 

Sec.  1072.  Not  to  interfere  with  fire  department. — No  priv- 
ilege or  authority  herebj^  granted  shall  be  so  construed  as  in  any 
manner  to  interfere  with  the  operations  of  the  fire  department  of 
the  city ;  but  in  all  instances  in  case  of  fire,  the  use  of  the  streets 
where  railroad  tracks  are  laid  shall  be  subservient  to  the  neces- 
sities of  the  fire  department.  Vehicles  driving  in  the  direction 
of  the  cars  upon  any  street  railway  shall  be  entitled  to  the  track 
used  by  the  cars  running  in  that  direction,  but  not  so  as  to  hinder 
or  delay  any  car  running  thereon.  [R.  0.  1897,  Chap.  62,  Art.  I, 
Sec.  4]. 

Sec.  1073.  Use  of  steam  prohibited — cannot  increase  fare. — 
Nothing  contained  in  this  ordinance  shall  be  construed  to  author- 
ize an  increase  of  fare  as  now  established,  nor  to  allow  the  trans- 
portation of  freight  over  street  railroads,  nor  to  allow  the  use  of 
the  ordinary  dummy  or  box  car  engine,  or  of  locomotives  of  the 
kind  now  used  upon  steam  railroads  in  this  state.  [R.  0.  1897, 
Chap.  62,  Art.  1,  Sec.  5]. 

Sec.  1071.  Cannot  build  tracks  without  permission. — Every 
person,  company  or  copartnership  who  shall  change  the  location 
of  any  railway  track,  or  shall  build  or  attempt  to  build  or  con- 
struct any  street  railway  or  part  thereof,  in  any  street  of  this  city 
without  having  first  obtained  the  right  of  way  or  permission  from 
the  mayor  and  common  council  to  do  so,  shall  be  guilty  of  a  mis- 
demeanor.     [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  6]. 

Sec.  1075.  Penalty  for  violating  preceding  sections. — Any 
person,  corporation  or  copartnership,  or  the  president,  superin- 
tendent or  manager  thereof,  violating  or  failing  to  comply  with 
any  of  the  foregoing  provisions  of  this  ordinance,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined,  if  no  other  or  different  punishment  be  prescribed  therefor, 
not  less  than  five  dollars  nor  more  than  five  hundred  dollars.  [R. 
O.  1897,  Chap.  62,  Art.  1,  Sec.  7] . 

Sec.  1076.  Fenders  required  on  cars — penalty. — There  sht^ll 
be  placed  and  maintained  on  every  car  used  on  any  street  rail- 
way, including  trail  cars  or  cars  attached  to  motor  or  power  cars, 
in  this  city,  a  fender,  which  shall  be  placed  not  more  than  live 
inches  from  the  ground  or  surface  of  the  track.     Such  fender 


ART.  I.  STREET  RAILWAYS.  013 

shall  extend  iu  front  of  the  wheels  of  the  car,  and  shall  be  so  con- 
structed as  to  afford  the  best  possible  protection  to  persons  with 
whom  such  car  might  come  in  contact.  Any  person  or  corpora- 
tion violating  this  section  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars.      [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  8] . 

Sec.  1077.  Rates  of  speed.— It  shall  be  unlawful  any  com- 
pany or  corporation,  or  employe  thereof,  to  run  any  street  car 
within  the  territory  bounded  by  Missouri  river,  Francis,  Ninth 
and  Messanie  streets  at  a  greater  rate  of  speed  than  eight  miles 
per  hour,  and  outside  of  said  limits  at  a  greater  rate  of  speed 
than  ten  miles  per  hour.  Any  company  or  corporation  or  any 
emploj^e  thereof  violating  any  provision  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  offense.      [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  9] . 

Sec.  1078.  Cars  to  be  fitted  with  gong — to  be  sounded,  when 
— penalty. — Every  person  or  corporation  owning  or  operating 
any  street  railway  in  this  city,  running  cars,  propelled  by  elec- 
tricity or  other  power,  shall  cause  every  car  or  vehicle  owned  or 
operated  by  them  to  be  fitted  with  a  gong.  It  shall  be  the  duty 
of  such  person  or  corporation  to  cause  the  gong  on  such  car  or 
vehicle  to  be  struck  or  rung  in  quick  succession  on  approaching 
any  team,  carriage  or  person,  and  upon  approaching  any  street 
crossing  within  the  city.  Any  driver,  motorman  or  other  person 
having  charge  of  any  such  car  or  vehicle,  and  failing  to  strike 
such  gong  as  herein  provided,  shall  be  fined  for  each  such  offense 
not  less  than  five  dollars  nor  more  than  fifty  dollars.  [R.  0.  1897, 
Chap.  62,  Art.  1,  Sec.  10] . 

Sec.  1079.  Car  to  stop  at  railroad  crossing — gong  to  be 
sounded — penalty. — It  shall  be  the  duty  of  any  driver,  motorman 
or  other  person  having  charge  of  any  street  car,  in  this  city,  be- 
fore crossing  the  track  of  any  steam  railroad  with  such  car,  to 
cause  the  same  to  come  to  a  standstill  at  least  ten  feet  from  such 
track,  and  to  strike  or  ring  the  gong  of  said  car,  and  if  no  danger 
is  imminent,  the  car  so  stopped  may  proceed  to  cross  such  track. 
Any  person  violating  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  nor  more  than  fifty  doHars  for  each  and  every 
offense.      [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  11]. 


614  REVISED  ORDINANCES.  CHAP.  XLIII. 

Sec.  1080.  Each  car  to  be  numbered  and  licensed. — Every 
person,  copartnership,  association,  corporation  or  company,  oper- 
erating  any  street  railway,  or  engaged  in  the  business  of  trans- 
porting passengers  from  one  point  to  another  within  the  city  of 
St.  Joseph,  for  hire,  on  any  street  railway,  shall  pay  to  the  city, 
in  advance,  an  annual  license  fee  of  fifteen  dollars  for  each  and 
every  car  generally  used  by  them  transporting  passengers  for 
hire,  within  the  city,  or  to  or  from  any  place  within  the 
city.  Each  car  shall  be  numbered  and  have  its  number  painted 
in  a  conspicuous  place  on  the  car,  and  on  the  payment  of  the 
license  required  herein  the  city  auditor  shall  issue  for  each  and 
every  car  so  licensed  a  metallic  plate  inscribed  as  follows : 
"Licensed,"  with  the  year  in  Avhicli  such  license  was  issued, 
which  plate  shall  be  placed  and  kept  on  the  outside  of  said  car 
in  a  conspicuous  place  so  that  it  may  be  readily  seen  from  the 
sidewalk,  and  the  said  license  shall  be  framed  and  exposed  in 
the  car  bearing  the  number  corresponding  with  that  in  said 
license :  Provided,  that  when  any  car  shall  be  laid  off  for  repairs 
another  car  may  be  substituted  and  used  and  shall  have  the  same 
number  during  such  time,  and  on  extraordinary  occasions  addi- 
tional cars  may  be  used.     [R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  12]. 

Sec.  1081.  Penalty  for  failing  to  pay  license. — On  the  first 
day  of  May,  of  each  year,  the  license  inspector  shall  notify  all 
persons  embraced  in  the  next  preceding  section,  transporting 
passengers  on  any  street  railway  in  the  city  of  St.  Joseph,  or  the 
superintendent  or  manager  of  such  raihvay,  to  pay  the  license 
herein  provided,  and  if  any  car  shall  be  placed  upon  and  run  or 
used  upon  any  such  railway  after  the  said  first  day  of  May,  the 
license  fee  shall  be  at  the  same  rate  for  the  remainder  of  the  year, 
and  in  case  of  them  refuse,  fail  or  neglect  to  pay  said  license 
within  ten  days  after  having  received  said  notice,  they  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  of  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars  for  each  unlicensed  car  used  by  them 
in  transporting  passengei's  within  the  city  of  St.  Joseph  for  hire. 
[R.  0.  1897,  Chap.  62,  Art.  1,  Sec.  13]. 

Sec.  1082.  Transfers — duty  to  issue. — It  is  hereby  made  the 
duty  of  all  street  railway  companies  operating  lines  of  street 
railway  within  the  corporate  limits  of  said  city  of  St.  Joseph, 


ART.  I.  STREET  RAILWAYS.  615 

Missouri,  to  carry  passengers  for  one  fare  as  long  as  said  passen- 
gers are  traveling  in  one  general  direction,  or  upon  separate  lines 
of  raihvay  which  constitute  a  part  of  the  railway  system  of  any 
such  company  within  the  limits  of  said  city  of  St.  Joseph,  Mis- 
souri ;  and  to  accomplish  this  purpose,  it  is  made  the  duty  of  each 
and  every  such  railway  company  to  grant  to  all  passengers  riding 
upon  its  easterly  or  westerly  lines  of  railway,  transfers  to  all  its 
lines  of  railway  running  in  a  northerly  or  southerly  direction, 
and  to  all  passengers  riding  upon  its  lines  of  railway  running  in 
a  northerly  or  southerly  direction,  transfers  to  its  lines  of  railway 
running  in  an  easterly  or  westerly  direction ;  also  to  issue  trans- 
fers to  its  passengers  from  any  line  of  railway  operated  by  any 
such  railway  company  to  any  other  separate  line  of  railway  oper- 
ated by  such  company  within  the  corporate  limits  of  said  city ; 
provided,  however,  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  require  any  such  railway  company  to  issue  transfers 
which  would  enable  passengers  to  make  what  is  commonly  known 
as  a  loop,  or  which  would  allow  them  to  return  substantially  to 
the  starting  point  for  one  fare.      [G.  0.  No.  866,  Sec.  1]. 

Sec.  1083.  Same — how  issued. — Said  railway  companies  are 
hereb}'  authorized  to  issue  the  transfers  herein  provided  for  so 
limited  in  terms  as  to  prevent  passengers  from  going  in  more 
than  one  general  direction,  or  to  transfer  to  other  than  the 
different  lines  of  railway  of  any  such  company  and  to  so 
limit  the  terms  of  said  transfers  that  the  same  cannot  be  used  by 
any  other  person  than  the  one  originally  receiving  the  same,  and 
that  any  such  transfer  cannot  be  used  unless  presented  to  the 
railway  company  issuing  the  same  within  fifteen  minutes  after  the 
car  upon  which  the  person  holding  said  transfer  was  a  passenger 
has  reached  the  point  of  transfer.  The  transfers  herein  provided 
for  shall  be  issued  upon  demand  of  passengers  actually  intending 
to  ride  upon  the  same  at  any  time  before  the  point  of  transfer 
has  been  reached.     [G.  O.  No.  866,  Sec.  2]. 

Sec.  1084.  Transfers  not  to  be  sold  or  given  away — penalty. 
— Any  person  who  shall  sell,  traffic  in  or  give  away  any  transfer 
of  any  street  railway  company  issued  in  acordance  with  the  pro- 
visions hereof,  except  the  agents  of  said  company  regularly  is- 
suing the  same  as  aforesaid,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less  than 


616  REVISED  ORDINANCES.  CHAP.  XLIII. 

ten  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense.  Each  time  any  person  shall  sell,  traffic  in  or  give  away 
any  such  transfer  shall  constitute  a  separate  and  distinct  offense 
hereunder.     [G.  0.  No.  866,  Sec.  3]. 

Sec.  1085.  Same. — ^Any  officer,  agent  or  employe  of  any 
street  railway  company  operating  lines  of  street  railway  in  the 
city  of  St.  Joseph,  Missouri,  violating,  failing,  neglecting  or  re- 
fusing to  comply  with  any  of  the  provisions  or  requirements  of 
this  ordinance,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  for  each  offense;  and  each  refusal,  neg- 
lect or  failure  to  transfer  as  herein  provided  for  shall  constitute 
a  separate  and  distinct  offense  hereunder.    [G.  0.  No.  866,  Sec.  4]. 

Sec.  1086.  Shall  remove  tracks  and  restore  street,  when. — 
Whenever  any  street  railway  company  to  which  the  right  has 
been  granted  by  the  common  council  of  this  city  to  construct 
and  operate  its  tracks  over,  along  and  upon  any  street  or  avenue 
of  this  city  shall  have,  or  shall  hereafter,  abandon  any  such 
street  or  avenue,  or  any  part  thereof  and  shall  have,  or  shall 
hereafter,  remove  its  tracks  from  any  such  street  or  avenue,  or 
any  part  thereof,  it  shall  be  the  duty  of  such  street  railway  com- 
pany to  remove  all  cross-ties  and  stringers  heretofore  placed  in 
said  street,  avenue  or  part  thereof,  and  to  restore  such  street  or 
avenue  or  part  thereof,  to  as  perfect  a  condition  for  travel  as 
though  such  ties  and  stringers  had  never  been  laid  therein,  and 
to  put  the  same  in  thorough  repair.  [R.  0.  1897,  Chap.  62,  Art. 
I,  Sec.  14]. 

Sec.  1087.  Same — penalty. — Any  street  railway  company 
which  shall  fail  to  remove  its  ties  and  stringers  and  to  so  restore 
and  put  in  perfect  condition  any  street  or  avenue,  or  part  thereof, 
from  which  it  has  removed  its  tracks,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars  for  each  day  that  it  shall  fail  so  to 
do  from  and  after  the  tenth  day  following  next  after  the  city 
engineer  shall  have  notified  the  genera]  manager,  superintendent, 
or  other  officer  found  in  charge  thereof,  of  said  street  railway 
company  so  to  do.      [R.  O.  1897.  Chap.  62,  Art.  1,  Sec.  15]. 


ART.  I.  STREET  RAILWAYS.  617 

Sec.  1088.  Notice  to  restore  street — how  served. — It  is  here- 
by made  the  duty  of  the  city  engineer  to  notify  the  general  man- 
ager or  superintendent  or  any  local  managing  agent  or  officer 
of  any  street  railway  company  which  has  or  shall  have  so  re- 
moved its  tracks  to  remove  its  ties  and  stringers  and  to  so  restore 
and  put  in  such  perfect  condition  such  street  or  avenue  or  part 
thereof,  by  a  notice  in  writing  under  his  hand  as  city  engineer; 
and  he  shall  also  furnish  the  city  attorney  with  a  copy  of  such 
notice,  certifying  the  day  and  manner  of  its  service.  [R.  0.  1897, 
Chap.  62,  Art.  1,  Sec.  16]. 


618  REVISED  ORDINANCES.  CHAP.  XLIII. 


ARTICLE    II. 

RECONSTRUCTION  AND  PAVING   OF   STREET   RAILWAY  TRACKS. 


Section 

10S9.     Street  improvements,    removal 
of  tracks  for. 

1090.  Tracks  replaced,   when. 

1091.  Reconstruction  of  tracks. 


Section 

109w.     Notices,    how    served — penalty 

for  violating  ordinance. 
1093.     Right  of  city  not  relinquished. 


Sec.  1089.  Street  improvements,  removal  of  tracks  for. — 
When  any  street,  avenue  or  highway  in  this  city,  any  portion  of 
which  is  or  may  be  occupied  by  the  track  or  tracks  of  any  street 
railway  company  is  by  ordinance  ordered  to  be  macadamized  or 
paved  such  street  railway  company  shall,  upon  receiving  written 
notice  from  the  city  engineer  so  to  do,  within  forty-eight  hours 
from  the  receipt  of  such  notice,  remove  all  its  tracks,  stringers, 
cross-ties  and  all  other  parts  or  appurtenances  of  said  track  or 
tracks  from  such  portion  of  said  street,  avenue  or  highway  as  the 
city  engineer  may  direct  in  the  notice  aforesaid,  not  to  exceed  a 
distance  of  five  hundred  feet  at  one  time :  Provided,  however, 
that  no  one  line  of  street  railway  shall  be  required  to  move  its 
track  or  tracks  for  any  distance  at  more  than  one  place  at  any 
one  given  time  for  the  purpose  named  in  this  ordinance.  "A 
line  of  street  railway"  is  hereby  defined  as  a  system  of  tracks 
serving  a  separate  portion  or  district  of  the  city,  whether  origi- 
nally laid  and  constructed  under  one  or  more  grants  or  fran- 
chises.    [E.  0.  1897,  Chap.  62,  Art.  2,  Sec.  1]. 

Sec.  1090.  Shall  replace  track,  when. — Said  railway  com- 
pany or  any  officer  or  employe  thereof  shall  not  replace  said  track 
or  tracks,  stringers,  rails,  cross-ties  or  any  part  or  appurtenances 
of  said  track  or  tracks  or  any  portion  thereof  until  the  roadbed 
of  said  street,  avenue  or  highway  shall  have  been  graded  to  re- 
ceive the  macadam  or  paving  material.  When,  upon  the  portion 
of  said  street,  avenue  or  highway  from  which  the  said  railway 
track  or  tracks  and  all  parts  and  appurtenances  thereof  have 
been  removed  by  said  railway  company  in  pursuance  of  the  no- 
tice herein  re(|uired  to  be  given  the  sub-grade  has  been  properly 
formed,  prepared  and  rolled,  the  city  engineer  shall  notify  said 


ART.  II.  RECONSTRUCTION.  619 

railway  company  to  replace  said  railway  track  or  tracks  and  the 
necessary  parts  and  all  appurtenances  thereof  for  the  entire  dis- 
tance from  which  they  have  been  removed,  said  laying  and  re- 
construction to  be  completed  within  forty-eight  hours  from  the 
service  of  said  notice  and  in  accordance  with  the  provisions  of 
the  following  section  of  this  ordinance.  [R.  0.  1897,  Chap.  62, 
Art.  2,  Sec.  2] . 

Sec.  1091.  Tracks,  how  reconstructed. — When  the  tracks  of 
any  street  railway  company  are  to  be  laid,  relaid  or  reconstructed 
on  any  street,  avenue  or  highway  which  is  paved  or  ordered 
paved  with  granite  blocks,  wooden  blocks,  bricks  or  other  mate- 
rial which  is  usually  laid  in  accordance  with  a  similar  or  like 
system,  said  track  or  tracks  shall  be  so  laid  as  to  conform  to  the 
finished  grade  of  said  paving  and  so  constructed  that  the  tops  of 
the  cross-ties  shall  be  at  least  eleven  inches  below  the  finished 
surface  of  the  pavement :  Provided,  however,  that  upon  streets 
upon  which  it  is  ordered  or  permitted  to  pave  between  the  rails 
and  a  limited  distance  outside  thereof  with  brick  on  edge  laid  in 
sand  upon  a  broken  stone  base  the  tops  of  the  cross-ties  shall  be 
not  less  than  nine  inches  below  the  finished  surface  of  the  pave- 
ment ;  and  each  of  said  cross-ties  shall  be  supported  upon  a  layer 
of  stone  broken  to  pass  through  an  inch  and  one-half  ring ;  said 
layer  to  be  not  less  than  four  inches  thick  and  twelve  inches  wide 
and  carried  up  on  the  sides  of  the  cross-ties  to  the  sub-grade  pre- 
pared for  the  paving  and  thoroughly  rammed  under  and  about 
the  cross-ties :  Provided,  however,  that  upon  streets  along  and 
across  which  the  tracks  of  any  street  railway  have  already  been 
laid  with  "T"  rails  and  which  streets  are  now  macadamized  or 
.shall  be  ordered  macadamized,  said  tracks  may  be  relaid  or  re- 
constructed with  said  "T"  rails,  so  that  the  tops  of  the  same 
shall  conform  to  the  finished  surface  of  the  street  and  the  cross- 
ties  supported  each  upon  a  layer  of  stone  broken  to  pass  through 
an  inch  and  one-half  ring,  said  layer  to  be  not  less  than  four 
inches  thick  and  twelve  inches  wide  and  thoroughly  rammed  in 
place.  All  cross-ties,  stringers,  blocks  or  other  parts  or  appurte- 
nances, consisting  of  wood  used  in  the  laying,  relaying,  repairing 
or  reconstructing  any  railway  track  or  tracks  or  part  thereof, 
shall  consist  of  sound  white  or  burr  oak  timber;  said  cross-ties 
shall  be  sawed  or  hewed  upon  the  upper  and  lower  surfaces,  to  be 
not  less  than  five  inches  thick  and  six  inches  wide  at  said  upper 


620  EEVISED  ORDINANCES.  CHAP.  XLIII. 

and  lower  surfaces,  and  laid  not  more  than  thirty  inches  apart 
from  center  to  center  of  cross-tie.  All  brace  chairs  or  brace 
blocks  used  in  the  laying,  relaying,  reconstruction  or  repairing  of 
any  street  railway  shall  be  of  iron.  All  street  railway  tracks  laid 
or  relaid  with  "T"  rails  upon  any  paved  street  shall  have  the 
cavity  included  between  the  head  and  flange  of  the  rail,  and  on 
the  outside  of  each  rail,  filled  with  hydraulic  cement  mortar 
mixed  in  proportions  of  one  part  cement  and  one  part  of  sand, 
and  in  the  same  manner  the  like  cavity  on  the  inside  of  the  rail 
shall  be  filled  to  a  height  reached  by  the  flange  of  the  street  car 
Avheel,  and  from  which  height  the  paving  between  the  inside  of 
the  rails  shall  rise  to  a  crown  in  the  middle  of  each  track  corre- 
sponding with  the  surface  of  the  tops  of  the  rails.  The  stringers, 
chairs  or  other  appliances  for  supporting  the  rails  to  be  so  con- 
structed and  placed  as  not  to  interfere  with  the  proper  laying  of 
the  paving.  All  of  the  above  work  to  be  done  under  the  direc- 
tions of  and  according  to  the  reasonable  orders  and  instructions 
and  completed  to  the  satisfaction  of  the  city  engineer.  Any 
street  railway  track  or  tracks,  parts  or  appurtenances  thereof 
laid,  relaid,  reconstructed  or  repaired  in  violation  of  any  provis- 
ions of  this  ordinance  and  in  conflict  with  the  reasonable  orders 
and  directions  of  the  city  engineer  shall  be  ordered  removed 
from  any  street,  avenue  or  highway  in  a  written  notice  from  the 
city  engineer  to  the  company  owning  or  operating  the  track  or 
tracks,  parts  or  appurtenances  which  have  been  laid,  relaid,  re- 
constructed or  repaired  in  violation  of  the  provisions  of  this 
ordinance ;  said  removal  to  be  made  within  forty-eight  hours 
from  the  service  of  said  notice.  [R.  0.  1897,  Chap.  62,  Art.  2, 
Sec.  3]. 

Sec  1092.  Notices,  how  served — penalty  for  violating-  ordi- 
nance.— All  notices  mentioned  in  this  ordinance  shall  be  in  writ- 
ing and  delivered  in  person  to  the  president,  vice-president,  sec- 
retary, treasurer,  general  manager  or  superintendent  of  the  said 
railway  company,  as  may  be  most  convenient  and  expeditious, 
and  said  service  ui)()n  any  one  of  the  above  mentioned  officers  or 
persons  shall  be  deemed  a  sufficient  notice  to  the  railway  com- 
pany and  any  of  the  above  mentioned  officers  or  persons  neglect- 
ing, refusing  or  failing  to  comply  with  said  notices  or  any  officer 
or  employe  of  said  railway  company  violating  any  of  the  provis- 
ions of  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor 


ART.  11.  RECONSTRUCTION.  621 

and  fined,  upon  conviction,  in  a  sum  not  exceeding  one  hundred 
dollars.  And  each  day  said  officer  or  person  above  mentioned 
shall  fail,  neglect  or  refuse  to  comply  with  the  terms  of  any  notice 
mentioned  in  this  ordinance  shall  be  deemed  a  separate  offense. 
[R.  0.  1897,  Chap.  62,  Art.  2,  Sec.  4.] 

Sec.  1093.  Rights  of  city  not  relinquished. — Provided  that 
nothing  contained  in  the  foregoing  sections  of  this  ordinance  shall 
be  construed  in  any  manner  or  form  as  relinquishing  or  in  any- 
wise impairing  the  right  of  the  city  of  St.  Joseph  to  compel  any 
street  railway  to  pave  and  keep  in  repair  the  spaces  between  its 
rails  and  eighteen  inches  on  the  outsides  thereof.  [R.  0.  1897, 
Chap.  62,  Art.  2,  Sec.  5] . 


622  REVISED  ORDINANCES.  CHAP.  XLIII. 


ARTICLE    III. 

PLANK  CROSSINGS  FOR  STREET  RAILWAY  TRACKS. 

Section  j  Section 

1094.     Shall    construct    plank    cross-  1095.     Same,  notice  how  served,  pen- 

ings,   when.  |  alty. 

Sec.  1094.  Shall  construct  plank  crossings,  when. — It  is 
hereby  made  the  duty  of  all  street  railway  companies  within  the 
city  of  St.  Joseph,  within  ten  days  after  being  notified  so  to  do  by 
the  city  engineer,  to  construct  at  the  intersection  of  the  tracks  of 
said  company  by  any  unpaved  street,  avenue  or  alley,  a  plank 
crossing  extending  across  and  between  the  tracks  and  not  less 
than  ten  inches  outside  the  rails  thereof.  Said  crossing  to  be 
made  of  white  or  burr  oak  plank  not  less  than  three  inches  in 
thickness  and  not  less  than  sixteen  feet  long ;  and  if  in  the  judg- 
ment of  said  city  engineer  the  amount  and  importance  of  the 
travel  on  said  street,  alley  or  avenue  justifies  the  same  it  shall 
be  the  further  duty  of  said  street  railway  company  to  make  said 
crossing  of  a  length  equal  to  the  width  of  the  roadway  of  said  in- 
tersecting street,  alley  or  avenue ;  and  the  city  engineer  shall  so 
notify  said  company.  Upon  tracks  which  are  laid  with  the  "T" 
rails,  exceeding  three  inches  in  height,  the  thickness  of  the  cross- 
ing planks  shall  in  all  cases  equal  the  height  of  the  rail  and  the 
plank  shall  be  shaped  to  fit  closely  to  the  Aveb  and  flange  of  said 
"T"  rail  and  be  properly  beveled  away  from  the  head  of  the  rail 
to  allow  the  passage  of  the  flange  of  the  car  wheels.  [G.  O.  No. 
716,  Sec.  2]. 

Sec.  1095.  Same;  notice,  how  served,  penalty. — The  notice 
mentioned  in  section  1094  of  this  ordinance  shall  be  in  writing  and 
delivered  in  person  to  either  the  president,  vice-president,  secre- 
tary, treasurer,  general  manager  or  general  superintendent,  as 
may  be  most  convenient  and  expeditious,  and  such  delivery  of 
notice  in  writing  shall  be  held  as  sufficient  notice  to  said  com- 
pany; and  any  officer  or  person  as  herein  enumerated  refusing 
or  neglecting  to  comply  with  the  terms  and  conditions  of  this  or- 
dinance, after  being  notified  by  said  city  engineer  to  put  in  a 
crossing  or  crossings,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
one  hundred  dollars.      [G.  0.  No.  716,  Sec.  3]. 


REPORTS  AND  ACCOUNTS. 


623 


CHAPTER      XLIV 


REPORTS  AND  ACCOUNTS, 


Section 

1096.  Officers  to  pay  over  money. 

1097.  Judge  of  the  police  court,   re- 

port of. 

1098.  Superintendent    of    workhouse, 

report  of. 

1099.  Other  officers  to  report,  when. 

1100.  Disposition     of     canceled     in- 

debtedness. 


Section 

1101.  Failure    to    report,     a    misde- 

meanor. 

1102.  Street      lighting      department, 

accounts  of. 

1103.  Same — inventory     of     supplies, 

etc. 


Sec.  1096.  Officers  to  pay  over  money. — All  city  officers  who 
shall,  in  the  discharge  of  their  duties,  receive  money  belonging  to 
the  city,  shall,  on  the  first  business  day  of  each  calendar  month, 
pay  into  the  city  treasury  such  sums  as  they  have  collected  during 
the  preceding  month,  taking  triplicate  receipts  therefor,  one  of 
which  shall  be  filed  with  the  city  auditor,  one  with  the  city  comp- 
troller and  the  third  retained.  The  last  two  receipts,  before  they 
shall  be  valid  for  any  purpose,  shall  be  countersigned  by  the 
auditor.     [R.  0.  1897,  Chap.  63,  Sec.  1]. 

Sec.  1097.  Judge  of  the  police  court — report  of. — The  judge 
of  the  police  court  shall,  on  the  first  day  of  each  month,  make  a 
report  to  the  city  comptroller  of  the  business  of  his  office  during 
the  month  preceding,  showing  the  total  amount  of  fines  imposed 
by  him  during  the  month,  together  with  such  other  facts  as  the 
comptroller  may  require.      [R.  0.  1897,  Chap.  63,  Sec.  2] . 

Sec.   1098.     Superintendent  of  workhouse,  report  of. — The 

superintendent  of  the  workhouse  shall,  on  the  first  day  of  each 
month,  make  a  report  to  the  city  comptroller  of  the  business  of  his 
office  during  the  month  preceding,  giving  the  number  of  prison- 
ers received  and  discharged  during  the  month,  money  received, 
together  with  such  other  facts  as  the  comptroller  may  require. 
[R.  O.  1897,  Chap.  63,  Sec.  3]. 


Sec.  1099.     Other  officers  to  report,  when. — All  other  officers 
of  the  city  shall  make  report  to  the  city  comptroller  of  the  bus- 


624  REVISED  ORDINANCES.  CHAP.  XLIV. 

iness  of  their  respective  offices  whenever  thereto  required  by  him. 
[G.  0.  1897,  Chap.  63,  Sec.  4]. 

Sec.  1100.  Disposition  of  canceled  indebtedness. — All  can- 
celed indebtedness  and  vouchers  shall,  after  final  examination  by 
the  finance  committee,  be  deposited  with  the  city  comptroller 
and  in  that  office  preserved.      [R.  0.  1897,  Chap.  63,  Sec.  5]. 

Sec.  1101.  Failure  to  report,  a  misdemeanor. — ^Any  officer 
failing  or  refusing  to  make  report  as  required  by  ordinance,  or 
whenever  thereto  required  by  the  city  comptroller,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  such  failure  or  refusal  shall 
be  considered  good  cause  for  removal  from  office.  [R.  0.  1897, 
Chap.  63,  Sec.  6]. 

Sec.  1102.  Accounts  of  street  lighting  department. — It  shall 
be  the  duty  of  the  comptroller  to  cause  the  accounts  of  the  street 
lighting  department  to  be  classified  as  follows: 

First.  Operation  and  maintenance  expense  account,  which 
shall  include  all  expenditures  for  supplies,  fuel  and  tools  to  repair 
and  maintain  the  present  service. 

Second.  Improvement  and  extension  account,  which  shall 
include  all  expenditures  made  in  increasing  the  number  of  lights. 
[R.  0.  1897,  Chap.  63,  Sec.  7]. 

Sec.  1103.  Same;  inventory  of  supplies — unpaid  bills. — At 
the  close  of  each  fiscal  year  the  superintendent  of  the  electric  light 
plant  shall  file  with  the  comptroller  an  itemized  inventory  of  sup- 
plies on  hand.  He  shall  also  report  all  supplies  contracted  for 
and  all  bills  unpaid  at  that  date.     [R.  0.  1897,  Chap.  63,  Sec.  8]. 


REVENUE— UNREDEEMED  PROPERTY.  625 


CHAPTER    XLV. 

REVENUE— UNREDEEMED   PROPERTY. 

Section  I  Section 

1104.     Compensation      for     collecting  1105.     Certificates    of    publication    as 

delinquent  taxes.  to   unredeemed   real   estate. 

Sec.  1104.  Compensation  for  collecting-  delinquent  taxes.— 
The  compensation  for  collecting  delinquent  taxes  by  the  city  col- 
lector and  his  deputies  under  the  provisions  of  section  5597,  Re- 
vised Statutes,  1899,  shall  be  five  per  cent  of  all  such  taxes  ac- 
tually collected,  which  amount  he  shall  collect  from  the  delin- 
quent taxpayer,  together  with  the  whole  amount  of  delinquent 
taxes,  interest,  penalty  and  costs.      [R.  O.  1897,  Chap.  64,  Sec.  1]. 

Sec.  1105.  Certificate  of  publication  as  to  unredeemed  real 
estate. — The  certificate  of  publication  of  the  advertisement  of 
unredeemed  real  property  required  to  be  made  by  section  5625 
of  the  Revised  Statutes,  1889,  of  the  state  of  Missouri,  may  be  in 
form  substantially  as  follows,  to  wit: 

STATE  OF  MISSOURI, 
County  of  Bucnauan 

,  manager  of  the a  newspaper  printed 

and  publislied  in  the  city  of  St.  Joseph,  Missouri,  being  duly  sworn,  upon 
his  oath,  says:  that  the  city  collector's  advertisements  of  unredeemed  real 
property,  of  wnich  the  annexed  is  a  true  and  correct  copy,  was  printed  and 
published  in  said  newspaper  once  a  week  for  three  successive  weeks  from 
the day  of until  the day  of ,  both  inclusive. 


Manager  of  the 

Subscribed  and  sworn  to  before  the  undersigned,  a 

within  and  for  the  county  and  state  aforesaid,  this day  of 

[R.  0.  1897,  Chap.  64,  See.  2], 


40 


626  REVISED  ORDINANCES.  CHAP.  XLVI. 

CHAPTER     XLVI. 

RUNNERS. 


Section 

1106.  Runner,   license  for. 

1107.  License   to  state  what;    trans- 

ferable. 

1108.  Runner   shall   wear  badge. 


Section 

1109.  Must    not    disturb    other    per- 

sons. 

1110.  Bond  required. 


Sec.  1106.  Runner,  license  for. — No  person  shall  act  or  serve 
as  a  runner  in  this  city  without  securing  a  license  therefor  from 
said  city,  and  the  charge  for  such  license  per  year  shall  be  as 
follows,  payable  semi-annually:  Runner  for  clothing,  dry  goods, 
furnishings  or  any  other  store,  fifty  dollars ;  runner  for  railroad, 
hotel,  restaurant  or  boarding  house,  twenty-five  dollars  :  runner  for 
any  other  trade,  business  or  avocation  mentioned  in  this  section, 
twenty-five  dollars.  The  term  "runner,"  as  used  herein,  shall 
mean  any  person  who  shall  in  any  manner  solicit  customers  for, 
or  secure  or  attempt  to  secure,  the  stopping  or  business  of  any 
passengers  or  any  person  at  any  hotel,  inn,  boarding  house,  res- 
taurant, railroad  ticket  broker  or  other  public  place,  or  any  cloth- 
ing, dry  goods,  furnishing  or  any  other  store  or  any  other  trade, 
business  or  vocation  whatever,  on  any  sidewalk,  street,  avenue  or 
alley  of  said  city,  or  in  or  about  any  railroad  depot  or  other  public 
place ;  or  any  person  who  shall  in  any  manner  solicit  passengers 
for  any  steamboat  or  railroad,  or  shall  in  any  way  solicit  passen- 
gers or  baggage  to  be  carried  or  conveyed  to  any  place  in  said 
city,  in  any  hack,  carriage,  omnibus,  wagon  or  other  vehicle: 
Pr'ovided,  that  no  person  licensed  as  a  runner  for  any  restaurant 
or  store  of  any  kind  shall  solicit  trade  or  customers  at  any  place 
on  the  sidewalk,  either  immediately  in  front  of  or  within  fifty  feet 
on  each  side  of  any  store,  shop,  stand,  booth  or  other  place  de- 
voted to  a  business  similar  in  kind  to  that  for  which  he  is  a  run- 
ner, and  which  is  owned  or  operated  by  any  person  or  persons 
other  than  his  em])l()yer.      \C,.  O.  No.  905,  Sec.  1]. 

Src.  1107.  License  to  state  what — transferable. — The  license 
issued  to  runners  shall  specify  the  name  of  such  hotel,  inn, 
boarding  house,  ticket  broker's  office  or  other  public  house,  or 


RUNNERS.  G27 

other  trade,  business  or  vocation  whatever  for  which  the  licensee 
desires  to  act  as  runner,  and  shall  authorize  the  licensee  to  run 
for  the  house,  business  or  office  so  specified,  and  no  other.  If  the 
licensee  desires  to  quit  running  for  the  house,  business  or  office 
named  in  such  license,  and  to  run  for  another,  it  shall  be  the  duty 
of  the  city  auditor,  on  request  of  the  licensee,  to  erase  the  name 
of  the  house,  business  or  office  mentioned  in  said  license,  and  in- 
sert the  name  of  the  one  for  which  such  licensee  desires  to  run. 
[R.  0.  1897,  Chap.  65,  Sec.  2]. 

Sec.  1108.  Runner  shall  wear  badge. — Every  person  obtain- 
ing a  runner's  license  shall  be  furnished  by  the  city  auditor,  at 
the  expense  of  the  city,  with  a  metal  badge,  with  the  word  "run- 
ner ' '  thereon ;  and  such  person  shall,  while  engaged  in  the  bus- 
iness for  which  his  license  was  granted,  wear  such  badge  on  the 
front  part  of  his  hat  or  cap  in  such  a  manner  as  to  be  at  all  times 
plainly  visible.  No  person  not  licensed  as  a  runner  shall  wear 
any  such  badge.      [R.  0.  1897,  Chap.  65,  Sec.  3]. 

Sec.  1109.  Must  not  disturb  other  persons. — No  runner, 
■while  engaged  in  his  business,  shall,  at  any  place  in  this  city,  cry 
out  in  a  loud,  unusual  or  boisterous  manner,  or  use  or  utter  any 
profane,  obscene  or  unseemly  language,  or  push,  take  hold  of, 
jostle  or  otherwise  annoy,  vex,  harass,  disturb  or  interfere  with 
passengers  or  any  other  persons.     [R.  0.  1897,  Chap.  65,  Sec.  4], 

Sec.  1110.  Bond  required. — Every  person  applying  for  a 
license  to  engage  in  or  carry  on  the  business  of  a  runner  shall  at 
the  time  such  license  is  issued  to  him  enter  into  bond  to  the  city 
of  St.  Joseph,  with  two  or  more  good  and  sufficient  securities, 
residents  of  the  city,  to  be  approved  by  the  comptroller  and  filed 
with  the  auditor,  in  the  penal  sum  of  five  hundred  dollars,  con- 
ditioned that  said  applicant  will  strictly  and  faithfully  observe 
all  ordinances  and  regulations  of  the  city  in  relation  to  runners 
or  their  business,  and  will  pay  all  costs,  fines  and  penalties  in- 
curred on  account  of  his  failure  or  neglect  in  that  behalf.  [R.  0. 
1897,  Chap.  65,  Sec.  5]. 

[For  penalty  for  violating  this  chapter  see  section  662  of 
chapter  entitled  "Licenses."] 


628  REVISED  ORDINANCES.  CHAP.  XLVII. 


CHAPTER    XLVII. 

SCALES  AND  WEIGHTS. 

Section  Article 

I.     Public  scales.  II.     City  weighmaster. 


ARTICLE      I. 


PUBLIC  SCALES. 


Section 

1111.  License  to  keep  public  scales. 

1112.  Articles  for  sale  to  be  weighed. 

1113.  "Weigher  to  give  ticket. 


Section 

1114.  Fees   allowed  for  weighing. 

1115.  Not      to      designate      as      city 

scales. 


Sec.  1111.  License  to  keep  public  scales. — No  person  shall 
keep  or  use  any  public  scale  without  a  license  therefor  from  said 
cit}^,  and  the  charge  for  such  license  shall  be  ten  dollars  per  year. 
All  platform  scales,  except  railroad  track  scales  and  elevator 
scales,  which  are  or  may  be  used  for  weighing  stock,  hay,  lime, 
stonecoal,  charcoal  or  any  kind  of  coal,  grain,  or  any  other  article 
or  thing  for  any  person  other  than  the  owner  of  such  scales  shall 
be  deemed  public  scales.      [R.  0.  1897,  Chap.  66,  Art.  1,  Sec.  1]. 

Sec.  1112.  Articles  for  sale  to  be  weighed. — All  hay,  coal, 
stonecoal,  charcoal,  lime,  grain  (unless  measured  by  the  bushel), 
and  live  stock,  which  are  offered  or  exposed  for  sale  shall,  be- 
fore being  sold,  be  weighed  at  one  of  the  public  scales,  and  any 
person  who  shall  sell  any  of  said  articles  or  things,  without  first 
having  the  same  weighed  as  prescribed  in  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor.  |R.  0.  1897,  Chap.  66,  Art.  1, 
Sec.  2]. 

Sec.  1113.  Weigher  to  give  ticket. — ^Whenever  the  owner, 
keeper,  manager  or  person  in  charge  of  such  scales  shall  weigh 
any  such  article  or  thing  for  another  he  shall  give  to  such  person 
a  certificate,  legibly  written  in  ink,  without  erasure  or  interlinea- 
tion, which  certificate  shall  state  the  number  of  packages  of  each 


ART.  I.  PUBLIC  SCALES.  629 

draught,  the  weight  of  each  draught,  separately,  and  the  descrip- 
tion of  any  animal  weighed  thereon,  if  any,  and  shall  sign  his 
name  thereto  as  weighmaster;  and  such  certificate  shall  not  be 
considered  as  proof  of  pounds  in  any  draught  for  a  longer  period 
than  one  day  from  and  after  the  date  thereof.  Any  weighmaster, 
owner,  keeper,  manager  or  person  in  charge  of  siu-h  public  scales 
who  shall  give  or  cause  to  be  given  a  false  or  incorrect  certificate 
of  weight,  or  who  shall  violate,  fail,  neglect  or  refuse  to  comply 
with  any  provision,  regulation  or  requirement  of  this  section,  or 
any  person  who  shall  erase  any  portion  of  any  such  certificate  or 
in  any  way  change  the  same  shall  be  deemed  guilty  of  a  misde- 
meanor.     [R.  0.  1897,  Chap.  66,  Art.  1,  Sec.  3]. 

Sec.  1114.  Fees  for  weighing. — Any  owner,  keeper  or  man- 
ager of  any  public  scales  shall  be  entitled  to  and  may  recover 
and  collect  the  following  fees,  to  wit :  For  each  draught  of  hay, 
grain,  corn,  lime,  coal,  stonecoal  or  charcoal,  twenty  cents ;  for 
each  head  of  hogs  or  sheep,  three  cents ;  and  for  each  head  of 
cattle,  ten  cents.      [R.  0.  1897,  Chap.  66,  Art.  1,  Sec.  4] . 

Sec.  1115.  Not  to  designate  as  city  scales. — No  person  other 
than  a  regularly  appointed  city  weigher  shall  erect,  display  or 
maintain  on  or  about  any  public  scale  under  his  control,  any  sign 
designating  such  scale  as  a  city  scale.  Any  person  violating  the 
provisions  of  this  section  shall  be  fined  in  a  sum  not  to  exceed 
twenty-five  dollars.      [R.  0.  1897,  Chap.  66,  Art.  1,  Sec.  5]. 


630 


REVISED  ORDINANCES. 


CHAP.  XLVII. 


ARTICLE    II 


CITY  WEIGHMASTER. 


of    city    weigh- 


Section 

1116.  Appointment 

master. 

1117.  Duty  of  weighmaster. 

Ills.     Manner  of  weighing  loads,  etc. 

1119.  Diminishing    weights;    penalty 

for. 

1120.  Fees  for  weighing. 

1121.  Weighmaster   to   pay   over   re- 

ceipts monthly. 


Section 

1122.  Shall  keep  a  record  and  report 

monthly. 

1123.  Private       persons       prohibited 

from  weighing. 

1124.  Public    scales    and    weighmas- 

ter  shall   charge,   what  fees. 

1125.  Penalty. 


Sec.  1116.  City  weighmaster,  appointment  of. — There  shall 
be  appointed  in  the  city  of  St.  Joseph  by  the  mayor  thereof,  sub- 
ject to  confirmation  by  a  majority  of  the  common  council,  an  offi- 
cer to  be  styled  city  weighmaster,  who  shall  hold  his  office  for  a 
term  of  two  years,  and  until  his  successor  is  duly  appointed  and 
qualified,  and  who  shall  receive  such  compensation  for  his  ser- 
vices as  may  by  ordinance  be  prescribed,  and  who  shall,  before 
entering  upon  the  duties  of  his  office,  execute  a  bond  to  the  city 
of  St.  Joseph  in  the  penal  sum  of  one  thousand  dollars  conditioned 
for  the  faithful  discharge  of  his  duties.      [G.  0.  No.  567,  Sec.  1]. 

Sec.  1117.  Duty  of  weighmaster. — It  shall  be  the  duty  of  the 
city  weighmaster  to  attend  at  the  city  scales,  and  to  test  the  ac- 
curacy of  said  scales  at  least  once  in  every  three  months,  and  to 
weigh  all  articles  which  may  be  required  to  be  weighed,  and  to 
give  the  person  requiring  the  same  a  certificate  of  the  net  weight 
thereof,  after  deducting  in  cases  of  wet  and  mud.  [R.  O.  1897, 
Chap.  66,  Art.  2,  Sec.  2]. 


Sec.  1118.  Manner  of  weighing  loads,  etc. — When  any  vehi- 
cle and  load  shall  be  weighed  together  the  city  weighmaster 's 
certificate  shall  state  the  gross  weight  thereof,  and  upon  the  sale 
or  delivery  of  said  load  the  vehicle  shall  again  be  weighed,  with- 
out charge,  by  the  city  weighmaster,  and  thus  the  net  weight  of 
the  load  ascertained;  and  in  no  ease  shall  the  city  weighmaster 
state  in  his  said  certificate  the  weight  of  any  vehicle  which  may 


ART.  II.  CITY  WEIGHMASTER,  631 

have  been  weighed  with  any  k)ad  until  said  city  weighmaster 
shall  have  ascertained  the  weight  of  such  vehicle  by  actually 
weighing  the  same;  and  on  the  request  of  the  purchaser  of  any 
articles  which  may  have  been  weighed  by  the  city  weighmaster, 
and  a  certificate  therefor  given,  the  same  shall  be  reweighed, 
and  the  expense  of  reweighing  shall  be  paid  by  the  purchaser, 
if  the  weight  be  found  correct ;  but  if  found  incorrect  the  ex- 
pense of  reweighing  shall  be  paid  by  the  seller.  [R.  O.  1897, 
Chap.  66,  Art.  2,  Sec.  3]. 

Sec.  1119.  Diminishing  weights — penalty. — Any  person  who 
shall  have  had  any  article  weighed,  as  aforesaid,  and  received  a 
certificate  therefor,  who  shall,  before  selling  the  same,  diminish 
the  weight,  or  shall  sell  a  part  thereof  and  afterwards  sell  or  offer 
for  sale  the  remainder  as  for  the  quantity  stated  in  said  certifi- 
cate, or  who  shall  change,  alter  or  in  any  manner  falsify  the  cer- 
tificate of  the  city  weighmaster,  or  who  shall  suffer  or  permit  the 
same  to  be  done,  shall  be  subject  to  a  fine  of  not  less  than  twenty 
dollars  nor  more  than  one  hundred  dollars  for  every  such  offense. 
[R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  4]. 

Sec.  1120.  Fees  for  weighing. — -The  city  weighmaster  is 
hereby  authorized  and  required  to  collect,  for  the  use  of  the  city, 
the  following  fees  for  weighing  and  giving  a  certificate  therefor : 
For  each  draught  of  hay,  grain,  corn,  line,  coal,  stonecoal,  or  char- 
coal, twenty  cents;  for  each  head  of  hogs  or  sheep,  three  cents; 
and  for  each  head  of  cattle,  horses  or  mules,  ten  cents;  and  for 
each  hundred  pounds  or  fractional  part  thereof,  of  any  merchan- 
dise or  other  article,  not  loaded  in  a  vehicle,  two  cents.  [R.  0. 
1897,  Chap.  66,  Art.  2,  Sec.  5] . 

Sec.  1121.    Weighmaster  to  pay  over  receipts  monthly. — The 

city  weighmaster  shall  pay  to  the  city  treasurer,  on  the  first  day  of 
each  month,  all  moneys  received  for  weighing  or  for  market  fees 
during  the  preceding  month,  taking  triplicate  receipts  therefor, 
one  to  be  filed  with  the  auditor,  one  with  the  comptroller  and  the 
third  retained.     [R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  6]. 

Sec.  1122.     Shall  keep  a  record  and  report  monthly.— The 

city  weighmaster  shall  keep  a  record,  and  shall  enter  therein  the 
amount  of  each  load  and  the  name  of  each  person  for  whom  and 


(332  REVISED  ORDINANCES.  CHAP.  XLVII. 

the  date  when  the  same  was  weighed  or  allowed  to  attend  at  the 
hay  market,  together  with  the  fees  received  therefor.  The  city 
weighmaster  shall  make  a  report  to  the  comptroller  on  the  first  of 
each  month,  which  report  shall  be  a  true  copy  of  the  record  kept 
in  his  office.      [R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  7]. 

Sec.  1123.  Private  persons  prohibited  from  weighing. — All 
persons  owning  or  having  charge  of  any  scales  in  the  city,  other 
than  those  licensed  as  public  scales,  or  owned  or  managed  by  the 
city,  are  prohibited  from  weighing  or  permitting  to  be  weighed 
on  such  scales  any  hay,  coal,  stonecoal,  charcoal,  lime,  grain  (ex- 
cept in  less  quantities  than  ten  bushels),  or  live  stock:  Provided, 
that  nothing  in  this  ordinance,  or  any  other  ordinance  of  the  city, 
shall  be  so  construed  as  a  prohibition  against  any  person  owning 
or  having  charge  of  any  scales,  weighing  any  article  that  he 
may  at  the  time  own,  or  that  he  may  weigh  for  the  purpose  of 
purchasing.     [R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  8]. 

Sec.  1124.  Fees  of  public  scales  and  weighmaster. — The  city 
weighmaster  and  all  persons  owning,  keeping  or  managing  any 
public  scales  shall  charge  the  fees  authorized  by  ordinance  neither 
more  nor  less.  Any  person  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor.     [R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  9]. 

Sec.  1125.  Penalty. — Any  person  violating  anj^  of  the  pro- 
visions of  this  ordinance  where  no  penalty  is  specially  imposed 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  to  exceed  twenty-five  dollars. 
[R.  0.  1897,  Chap.  66,  Art.  2,  Sec.  10]. 


SCAVENGERS. 


633 


CHAPTER     XLVIII 


SCAVENGEFtS. 

Section                                                 • 

Section 

1126. 

Privy      or      cesspool      to      be 

1132. 

Equipment   for   scavenger 

cleaned. 

work. 

1127. 

Scavengers  defined. 

1133. 

Owner  must  have  written  per- 

112S. 

Privy       and       ces.spool,       how 

mission  of  health  officer. 

cleaned. 

1134. 

Health  officer  to  notify  owner 

1129. 

Same;     air-tight     tank     to    be 

to  clean,  etc. 

used. 

1135. 

Scavenger  to   report  to   health 

1130. 

By   licensed   scavengers. 

officer   the   work    done. 

1131. 

Penalty    for    doing    scavenger 

1136. 

Penalty   txyr  violating   this   or- 

work. 

dinance. 

Sec.  1126.  Privy  or  cesspool  to  be  cleaTied  by  direction  of 
health  officer. — No  person,  company  or  corporation  within  the 
fire  limits  of  the  city  of  St.  Joseph  shall  empty,  clean,  cover  or  re- 
move the  contents  of  any  privy  vault  or  cesspool  except  in  the 
manner  provided  in  this  ordinance  and  in  pursuance  of  the  direc- 
tions, regulations  and  requirements  of  the  health  officer.  [R.  O. 
1897,  Chap.  67,  Sec.  1]. 

Sec.  1127.  Scavenger  defined, — Any  person,  company  or  cor- 
poration who  shall  engage  in  the  business  of  emptying,  cleaning  or 
covering  or  removing  the  contents  of  any  privy  vault  or  cesspool 
shall  be  deemed  a  scavenger  within  the  meaning  of  this  ordi- 
nance.    [R.  0.  1897,  Chap.  67,  Sec.  2]. 


Sec.  1128.  Privy  and  cesspool,  how  cleaned. — The  cleaning, 
emptying  and  removing  of  the  contents  of  privy  vaults  or  cess- 
pools shall  be  done  in  an  inoffensive  manner,  and  any  such  scaven- 
ger having  begun  such  scavenger  work  shall,  without  any  inter- 
ruption or  delay,  finish  the  same,  and  shall,  in  every  instance, 
leave  the  privy  vault  or  cesspool  in  as  good  condition  upon  the 
vault  of  cesspool  as  when  the  work  was  undertaken.  [R.  0.  1897, 
Chap.  67,  Sec.  4]. 

Sec.  1129.  Same;  air-tight  tank  to  be  used. — The  contents 
of  privy  vaults  or  cesspools  so  removed  by  any  scavenger,  shall 
be  conveyed  to  some  place  designated  by  the  health  office"  in 


634  REVISED  ORDmANCES.  CHAP.  XLVIII. 

air-tight  tanks  or  vessels,  and  shall  be  disposed  of  in  such  man- 
ner as  to  cause  no  offense ;  and  all  tanks  shall  be  kept  clean  and 
inoffensive  when  not  in  actual  use.      [11.  0.  1897,  Chap.  67,  Sec.  5]. 

Sec.  1130.  By  licensed  scavengers. — No  privy  vault  or  cess- 
pool shall  be  cleaned,  emptied,  covered  or  removed  except 
by  a  licensed  scavenger.  The  health  officer  may  prescribe  such 
details  for  the  doing  of  such  scavenger  work  as  the  proper  en- 
forcement of  this  ordinance  shall  require.  [R.  0.  1897,  Chap.  67, 
Sec.  6]. 

Sec.  1131.  Penalty  for  doing  scavenger  work. — Any  per- 
son who  shall  be  guilty  of  doing  any  scavenger  work  in  the  city  of 
St.  Joseph  without  first  having  obtained  a  lisence  therefor,  as  pro- 
vided for  in  this  ordinance,  shall  be  fined  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars  for  each  and  every  offense.  [R.  0. 
1897,  Chap.  67,  Sec.  7]. 

Sec.  1132.  Equipment  for  scavenger  work.  —  Scavengers 
who  engage  in  the  business  of  removing  the  contents  of  privy 
vaults  or  cesspools,  shall  cause  to  be  painted  on  the  tank  or 
wagon  box  of  their  wagons,  in  large  letters  and  figures,  his  name, 
number  of  license  and  letter  of  wagon,  and  carry  on  each  wagon 
so  employed  at  night,  a  lighted  lamp  with  plain  glass  front  and 
sides,  with  the  number  of  the  license  and  the  letter  of  the  wagon 
painted  with  black  paint  on  the  sides  and  front  of  each  said 
lamps,  in  distinct  and  legible  figures  at  least  two  inches  in  size, 
and  so  placed  that  said  lamp  may  be  distinctly  seen  and  said 
numbers  and  letters  easily  read.  The  scavenger  shall  also  carry 
the  permit  for  work  in  each  instance  for  inspection  of  the  police. 
It  shall  be  the  right  and  duty  of  such  night  scavenger  so  licensed, 
when  requested  by  any  owner,  agent  or  occupant  of  any  privy 
vault  or  cesspool  within  the  city,  to  clean  and  remove  the  con- 
tents thereof,  and  to  remove  and  deposit  the  same  at  such  place 
or  places  as  shall  be  designated  by  the  health  officer  of  the  city  of 
St.  Joseph.      [R.  0.  1897,  Chap.  67,  Sec.  8]. 

Sec.  1133.  Owner  must  have  written  permission  of  health 
officer. — Owners,  occupants  or  agents  of  privy  vaults  within  the 
city,  desiring  to  clean  or  remove  the  contents  thereof  themselves 
without  the  aid  of  night  scavengers,  shall  not  be  allowed  to  do  so 


SCAVENGERS.  635 

except  upon  the  written  permission  of  the  health  officer,  and  then 
only  in  such  manner  as  said  permit  shall  direct.  [R.  0.  1897, 
Chap.  67,  Sec.  9]. 

Sec.  1134.  Health  officer  to  notify  owner  to  clean,  etc. — 
Whenever  in  the  opinion  of  the  health  officer  any  privy  vault  or 
cesspool  shall  be  offensive  or  need  cleaning,  it  shall  be  his  duty  to 
notify  the  owner,  agent  or  occupant  to  clean  the  same  within  a 
period  named  in  said  notice ;  also  to  serve  printed  copy  of  this 
ordinance.  Such  person,  owner,  agent  or  occupant  so  notified, 
and  failing  to  comply  with  said  notice  within  the  time  mentioned 
shall,  upon  conviction,  be  fined  in  a  sum  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  each  and  every  offense.  In  case 
no  owner  or  agent  can  be  found  in  the  city,  the  health  officer  shall 
cause  such  offensive  vault  or  cesspool  to  be  cleaned,  the  expense 
to  be  collected  as  in  other  cases  of  the  removal  or  abatement  of 
nuisances.      [R.  O.  1897,  Chap.  67,  Sec.  10]. 

Sec.  1135.  Scavengers  to  report  to  health  officer  the  work 
done. — Scavengers  shall  make  a  return  of  such  permit  to  the 
health  officer,  certifying  to  the  number  of  yards  which  they 
have  removed  from  the  vault  or  cesspool  therein  described,  also 
where  the  same  was  deposited,  within  two  days  after  the  work 
shall  have  been  performed.      [R.  0.  1897,  Chap.  67,  Sec.  11]. 

Sec.  1136,  Penalty  for  violating-  ordinance. — Any  scavenger 
who  shall  violate  any  provision  of  this  ordinance,  or  shall  fail 
to  comply  with  any  order,  direction  or  regulation  lawfully  made 
by  the  health  officer,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  and  every  offense,  and  shall 
be  subject  to  a  revocation  of  license  in  the  discretion  of  the 
mayor.     [R.  0.  1897,  Chap.  67,  Sec.  12]. 


636 


REVISED  ORDINANCES. 


CHAP.  XLIX. 


CHAPTER     XLIX 


SEAL. 


Section    1137.     Description   of,    establishment  of. 


Section  1137.  Description  of  seal. — The  seal  heretofore 
provided  and  used  by  and  for  the  city  of  St.  Joseph  (the  impres- 
sion on  whieh  is  a  representation  of  the  Goddess  of  Liberty,  with 
the  inscription,  Seal  of  the  City  of  St.  Joseph,  around  the  outer 
edge  of  said  seal),  which  seal,  represented  as  aforesaid,  is  hereunto 
annexed),  shall  be  and  is  hereby  established  and  declared  to 
have  been  and  now  to  be  the  seal  of  the  city  of  St.  Joseph.  [R.  0. 
1897,  Chap.  68,  Sec.  1]. 


SECOND-HAND  DEALERS.  (33' 


CHAPTER     L. 

SECOND-HAND   DEALERS. 

Section    1138.     Second-hand   dealers   to  keep  record,  etc. 

Section  1138.  Second  hand  dealers  to  keep  record  of  goods 
bought. — Every  second  hand  dealer  doing  business  in  this  city, 
shall  keep  a  register  in  which  he  shall,  at  the  time  of  purchase 
or  receipt,  enter  the  name  and  residence  of  all  persons  from  Avhom 
he  shall  purchase  or  receive  any  second  hand  goods  of  any  de- 
scription whatever,  together  with  a  minute  description  of  all 
second  hand  goods  so  purchased  or  received,  and  particularly 
mentioning  any  prominent  or  descriptive  marks  that  may  be  on 
such  second  hand  goods;  and  he  shall  keep  such  register  open 
at  all  times  to  the  examination  or  inspection  of  any  person  ask- 
ing or  demanding  the  same.  Said  register  shall  be  kept  clean 
and  legible  and  no  entry  therein  shall  be  defaced,  erased  or  oblit- 
erated, and  all  the  entries  therein  shall  be  made  with  ink.  He  shall 
also,  at  all  times  during  ordinary  business  hours  permit  or  allow 
any  person  asking  or  demanding  the  same,  to  examine  and  inspect 
any  second  hand  goods  kept  or  stored  in  or  about  his  place  of  busi- 
ness. Any  person  violating,  failing,  neglecting,  or  refusing  to 
comply  with  any  provision,  regulation  or  requirement  of  this 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars.     [R.  0.  1897,  Chap.  69,  Sec.  1]. 


638 


REVISED  ORDINANCES. 


CHAP.  LI. 


CHAPTER     LI. 


SEWERS. 


Section 

1139.  District     and     public     sewers, 

how  paid  for. 

1140.  Main    or    lateral    sewers,    how 

constructed. 

1141.  Sewer  connections,  how  made. 

1142.  Connection  with,  to  be  by  per- 

mission. 

1143.  Penalty  for  construction  with- 

out  permission. 

1144.  Penalty    for    working    around 

sewer,  etc. 

1145.  Drains  to  be  constructed,  how. 

1146.  Same;     by     permit     from     the 

board  of  public  works. 
HIT.     Person   working   under   permit 

to  give   bond. 
niS.     Notice     to     board     of     public 

works        before        beginninsr 

work. 

1149.  Materials    and    connections    to 

be    approved    by    the    board 
of  public  works. 

1150.  City    may    connect    with    pri- 

vate  sewers,   when. 


Section 

1151.  Penalty  for  violating  the  fore- 

going sections. 

1152.  How     connected     with     build- 

ings. 

1153.  Plan   of,    to  be   deposited  with 

the  board  of  public  works. 

1154.  The   city   engineer  may  ascer- 

tain whether  drain  is   prop- 
erly built. 

1155.  Penalty     for     violating     three 

preceding  sections. 

1156.  Owners     considered     as     peti- 

tioners, when. 

1157.  Littei-,  rubbish,  etc.,  not  to  be 

thrown   into   sewer. 

1158.  Obstructions      or      discharges, 

into,   etc.,   forbidden. 

1159.  Person    violating,    etc.,    to    be 

notified  when — penalty. 

1160.  Condition   of   building  permit. 

1161.  Tax    bills    for    district    sewers, 

information   thereon. 
1162-1246.     Boundaries   of  sewer   dis- 
tricts numbered  from  one  to 
eighty-five,       arianged      nu- 
merically. 


Sec.    1139.     District   and    public   sewers,    how   paid   for.— 

All  district  and  public  sewers  in  the  city  of  St.  Joseph  shall  be 
constructed  under  the  supervision  of  the  city  engineer,  and  when- 
ever the  common  council  of  said  city  shall  cause  a  sewer  to  be  con- 
structed in  any  sewer  district  in  the  city,  the  city  engineer  having 
charge  of  the  work  shall,  as  soon  as  said  sewer  shall  be  completed, 
compute  the  whole  cost  thereof,  and  shall  assess  it  as  special  tax 
against  the  lots  of  ground,  exclusive  of  the  improvements  in  pro- 
portion to  the  area  of  the  whole  district,  exclusive  of  public 
highways;  and  such  officer  shall  make  out  a  certified  bill  of  said 
assessment  against  each  lot  of  ground  within  the  district  in  the 
name  of  the  owner  thereof.  Said  certified  bill  shall  be  de- 
livered to  the  contractor  for  the  Avork  and  his  receipt  taken 
therefor.     fG.  0.  No.  718,  Sec.  1]. 


SEWERS.  639 

Sec.  1140.  Main  or  lateral  sewers,  how  constructed. — When- 
ever the  construction  of  any  main,  district  or  lateral  sewer  in 
the  city  of  St.  Joseph  shall  have  been  authorized  by  ordinance, 
it  shall  be  the  duty  of  tlie  board  of  public  works  to  advertise  for 
bids  and  let  the  contract  for  the  work  of  construction  in  the  same 
manner  as  is  provided  by  law,  for  the  letting  of  contracts  for  the 
doing  of  other  public  city  work,  and  to  prepare  the  plans  and 
specifications  and  a  contract  for  the  same,  and  it  shall  be  the 
duty  of  the  city  engineer  to  superintend  the  work  and  cause  such 
sewer  to  be  constructed  in  accordance  with  the  terms  of  the 
contract  and  the  plans  and  specifications  therefor.  [G.  O.  Xo. 
718,  Sec.  2]. 

Sec.  1141.  Sewer  connections,  how  made. — All  connections 
with  main  or  lateral  sewers  shall  be  made  in  the  most  substantial 
manner,  according  to  the  directions  and  under  the  superintend- 
ence of  the  city  engineer,  and  under  such  other  regulations  as  may 
be  provided  by  ordinance.      [R.  0.  1897,  Chap.  70,  See.  2]. 

Sec.  1142.  Connection  with,  to  be  by  permission. — Any  per- 
son who  shall  make  or  attempt  to  make  a  connection  with  any 
main  or  lateral  sewer,  without  permission  from  the  board  of 
public  works,  or  in  violation  of  the  instructions  thereof,  or  any 
person  who  shall  make  or  cause  to  be  made  a  defective  private 
sewer  under  any  street  or  public  highway,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  exceeding  fifty  dollars.     [G.  0.  No.  915,  See.  1]. 

Sec.  1143.     Penalty  for  construction  without  permission. — 

It  shall  be  the  duty  of  any  person  or  persons  constructing  or  using 
any  private  drain,  sewer,  or  pipe  connecting  with  or  emptying 
into  any  main  or  lateral  server  within  this  city,  to  construct  and 
use  the  same  strictly  in  conformity  with  the  orders  and  direc- 
tions of  the  board  of  public  works,  which  orders  and  directions 
shall  be  given  in  writing  for  such  purpose :  and  any  person  who 
shall  construct  or  use,  or  cause  to  be  constructed  or  used,  any 
such  drain,  sewer  or  pipe  in  a  different  manner  from  that  so 
ordered  and  directed  by  said  board  of  public  works,  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  for  every  offense,  and  a  like  fine  for  every  day 


64:0  REVISED  ORDINANCES.  CHAP.  LI. 

suL'li  violation  shall  continue,  after  notice  from  the  board  of  public 
works  to  remove  or  reconstruct  the  same.      [G.  0.  No.  913,  Sec.  1]. 

Sec.  1144.  Penalty  for  working  around  sewer,  etc. — Auy 
person  who  shall  uncover  or  excavate  under  or  around  any  sewer 
in  this  city,  for  any  purpose  whatever,  without  a  permit  from  the 
board  of  public  works,  shall  be  subject  to  a  fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars ;  the  person  or 
persons  by  whom  the  work  is  done,  and  their  employees  shall 
be  deemed  guilty  of  a  violation  of  this  section.  [G.  0.  No.  907, 
Sec.  1]. 

Sec.  1145.  Drains  to  be  constructed,  how. — All  sewers  or 
drains  which  connect  with  or  discharge  into  any  public  or  district 
sewer,  or  which  lie  v.holly  or  in  part  upon  any  public  street,  alley 
or  highway,  shall  be  constructed  in  accordance  with  the  pro- 
visions of  this  ordinance,  and  in  conformity  with  the  regula- 
tions of  the  board  of  public  works,  who  shall  have  general  super- 
vision of  all  such  work.     [G.  0.  No.  906,  Sec.  1]. 

Sec.  1146.  Same;  by  permit  from  the  board  of  public 
works. — No  person  shall  excavate  around  or  under  any  public  or 
district  sewer,  nor  connect  any  private  sewer  therewith,  nor  con- 
struct auy  private  sewer,  on  auy  public  street,  alley,  or  highway, 
except  in  pursuance  of  a  permit  so  to  do,  issued  by  the  board  of 
public  works,  which  permit  must  be  at  all  times  on  the  ground 
whilst  the  work  is  in  progress,  and  be  exhibited  to  any  policeman 
or  other  person  who  may  ask  to  see  it.  Permits  for  the  construc- 
tion of  private  sewers  will  be  issued  only  to  such  persons  as  have 
given  bond  as  hereinafter  provided,  upon  the  application  of  the 
owner  of  the  property  to  be  drained,  or  his  duly  authorized 
agent.  All  applications  for  permits  must  be  in  writing,  and  must 
give  a  clear  description  of  the  property  to  be  drained,  and  of  the 
sewer  and  sewers  w^iich  it  is  desired  to  construct,  with  a  list  of 
the  water  closets,  sinks,  dovrn  spouts  and  other  fixtures  to  be  con- 
nected therewith.  If  the  board  of  public  wo]-ks  shall  deem  it 
necessary  for  such  description,  it  may  require  a  plan  and  pro- 
file of  the  proposed  sewers,  and  all  such  plans,  profiles  and  de- 
scriptions, or  copies  thereof,  shall  be  left  in  the  office  of  said 
board.  If  the  proposed  sewers  are  in  accordance  with  the 
provisions  of  this  ordinance,  and  the  plans  thereof  are  approved 


SEWERS.  641 

by  the  board  of  public  works,  they  shall  issue  a  permit  for  iheir 
construction,  which  permit  shall  contain  or  be  accompanied  by 
the  regulations  and  conditions  under  which  the  work  is  to  be 
done.  Provided,  however,  that  if  the  length  of  the  proposed 
sewer  shall  exceed  one  hundred  feet,  that  an  amount  of  money  be 
paid  into  the  city  treasury  sufficient,  in  the  opinion  of  said  board 
of  public  works,  to  pay  for  the  cost  of  inspection,  which  sum  shall 
be  a  special  fund  out  of  which  the  wages  of  an  inspector,  ap- 
pointed by  said  board,  to  see  that  the  work  is  properly  done, 
shall  be  paid,  and  the  remainder,  if  any,  returned  to  the  party  by 
whom  the  fund  was  created.  And  provided  further,  that  if  the 
propert}^  to  be  drained  by  the  proposed  sewer  has  ever  been  as- 
sessed for  the  construction  of  district  sewers  no  permit  for  the 
construction  of  said  private  sewer  or  its  connection  with  any  pub- 
lic or  district  sewer,  shall  be  issued  until  such  assessment  has 
been  paid,  nor  during  the  construction  of  any  district  sewer  prior 
to  the  assessment  of  the  cost  thereof.     [G.  0.  No.  911,  Sec.  1]. 

Sec.  1147.     Person  working  under  permit  to  give  bond. — 

Any  person  desiring  to  work  under  permits  from  the  board  of 
public  works  shall  first  file  with  said  board  a  bond  in  the  sum  of 
five  hundred  dollars,  with  two  securities,  to  be  approved  by  the 
comptroller ;  said  bond  to  be  conditioned  that  he  will,  in  all  work 
of  constructing  private  sewers  and  connecting  the  same  with 
public  and  district  sewers,  faithfully  comply  with  all  regulations 
and  instructions  of  the  board  of  public  works,  in  reference  to  such 
work  and  all  the  requirements  of  this  ordinance,  and  will  enforce 
the  same  upon  his  employes  and  hold  himself  responsible  for  all 
their  acts.  And  in  case  any  work  under  a  permit  shall  be  improper- 
ly done  and  in  violation  of  the  foregoing  conditions,  or  in  case  of 
any  damage  to  any  public  or  district  sewer,  caused  by  such  viola- 
tion, either  on  the  part  of  the  person  to  whom  the  permit  is  is- 
sued, or  his  employes,  the  board  of  public  works  shall  have  the 
right  to  reconstruct  such  defective  work  and  repair  such  damage, 
and  the  whole  cost  thereof,  together  with  the  costs  of  suit,  shall 
be  recovered  by  the  city  of  St.  Joseph  by  suit  on  such  bond.  If 
any  one  who  has  given  bond,  as  hereinbefore  provided,  shall  vio- 
late any  of  the  conditions  of  said  bond,  the  board  of  public  works 
may  refuse  to  grant  any  further  permits  until  all  improper  defec- 
tive work  done  by  him  shall  have  been  repaired,  and  all  ex- 

41 


642  REVISED  ORDINANCES.  CHAP   LI. 

penses  which  may  have  been  caused  the  city  by  such  work,  shall 
have  been  paid  into  the  city  treasury.      [G.  0.  No.  908,  Sec.  1]. 

Sec.  1148.  Notice  to  board  of  public  works  before  begin- 
ning work. — The  board  of  public  works  may  require  that 
before  work  under  a  permit  from  it  is  begun,  twenty-four  hours 
notice  thereof  shall  be  given  at  its  office,  so  that  an  inspector 
may  be  on  the  ground  to  see  that  the  work  is  properly  done,  and 
also  that  when  the  drain  layer  is  prevented  from  going  to  work 
at  the  time  set,  he  shall  report  the  fact  to  the  said  board,  and  ap- 
jioint  another  time  for  doing  the  same ;  and  any  work  done 
without  notice  to  the  board  of  public  works,  as  aforesaid,  or  with- 
out inspection  by  one  duly  authorized  by  it,  shall  be  treated  as 
defective  work,  and  may  be  uncovered  and  if  need  be,  recon- 
structed by  said  board  at  the  expense  of  the  drain  layer  to  whom 
the  permit  was  issued.      [G.  0.  No.  910,  Sec.  1]. 

Sec.  1149.  Materials  and  connections  to  be  approved  by  the 
board  of  public  works. — No  materials  shall  be  used  in  construct- 
ing sewers  to  be  connected  with  public  or  district  sewers,  or  lying 
wholly  or  in  part  on  a  public  street,  alley  or  highway,  except  such 
as  are  approved  by  the  board  of  public  works.  In  connecting  a 
private  sewer  with  a  public  or  district  sewer,  the  junction  pieces 
which  have  been  built  into  the  sewer  must  be  used  for  such  con- 
nection, unless  a  special  permission  to  cut  the  sewer  be  first 
granted  by  the  board  of  public  works ;  but  if  no  junction  pieces 
have  been  set  in  building  the  sewer,  a  connection  may  be  made 
by  inserting  into  the  sewer  a  junction  piece  of  the  size  specified 
in  the  permit,  which  junction  piece  shall  lie  at  an  angle  with 
the  sewer,  not  exceeding  forty-five  degrees,  and  to  be  cut  slant  in 
the  process  of  manufacture,  and  not  by  clipping  afterwards.  In 
connecting  pipe  with  pipe  a  Y  junction  must  be  used.  The  inside 
of  every  sewer  or  drain  connecting  with  a  public  or  district  sewer 
must,  after  it  is  laid,  be  left  perfectly  smooth  and  clean  through- 
out its  whole  length  and  the  ends  of  all  sewers  not  to  be  immed- 
iately used,  must  be  securely  guarded  against  the  introduction 
of  sand  or  earth,  by  brick  or  cement  or  other  water-tight  and 
imperishable  materials.      \G.  0.  No.  918,  Sec.  1]. 

Sec.  1150.  City  may  connect  with  private  sewers,  when. — 
The  city  shall  have  the  right  at  all  times,  through  the  city  en- 


SEWERS.  643 

gineer,  or  any  proper  officer,  to  connect  with  and  use  any  private 
sewer  built  upon  any  public  street,  alley  or  highway  for  draining 
the  streets,  or  for  any  public  purpose,  and  also  to  reconstruct,  or 
to  close  up  or  disconnect  from  any  public  district  sewer,  or  any 
private  sewer,  constructed  in  violation  of  the  provisions  of  this 
ordinance,  or  which  may,  from  any  cause,  have  become  a  nuisance. 
[R.  0.  1897,  Chap.  70,  Sec.  11]. 

Sec.  1151.     Penalty  for  violating  the  foregoing  sections. — 

Any  person  who  shall  violate  any  of  the  provisions  of  the  next 
six  preceding  sections  of  this  ordinance  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  pay  a  fine  of 
not  less  than  twenty-five  dollars,  nor  more  than  one  hundred  dol- 
lars for  each  offense.      [R.  0.  1897,  Chap.  70,  Sec.  12]. 

Sec.  1152.  How  connected  with  buildings. — It  shall  be  un- 
lawful hereafter  to  construct  or  extend  any  drain  for  the  reception 
of  sewerage  or  waste  water,  under  or  into  any  hotel,  tenement 
house  or  dwelling,  or  to  connect  the  same  with  any  public  or  dis- 
trict sewer,  unless  the  said  drain  shall,  in  its  plan  and  construc- 
tion, conform  with  the  following  requirements :  First,  there  shall 
be  in  said  drain  a  trap  so  constructed  as  to  bar  the  passage  of  air 
from  beyond  the  trap  into  the  house,  and  by  an  obstacle  equal  to 
at  least  two  inches  in  depth  of  water.  Second,  between  said 
trap  and  the  foot  of  the  soil  pipe,  there  shall  be  connected  with 
said  drain  an  inlet  pipe  for  the  admission  of  fresh  air,  and  the 
soil  pipe  within  the  house  shall  be  continued  above  the  roof  and 
left  open  so  that  the  whole  drain  may  be  thoroughly  and  con- 
stantly  ventilated.     [R.  0.  1897,  Chap.  70,  Sec.  13]. 

Sec.  1153.  Plan  of,  to  be  deposited  with  the  board  of  public 
works. — Whenever  any  person  desires  to  construct  a  house  drain 
intended  to  be  connected  with,  or  discharged  into,  any  public  or 
district  sewer,  he  shall,  before  beginning  work  upon  the  same, 
deposit  with  the  board  of  public  works  a  plan  thereof,  which  plan 
shall  show  the  whole  course  of  the  drain  from  its  connection  with 
the  sewer  to  its  terminus  within  the  house,  with  the  location 
of  all  branches,  traps  and  fixtures  to  be  connected  therewith ;  said 
plan,  or  copy  thereof,  to  be  left  on  file  in  the  office  of  said  board. 
If  upon  inspection  of  said  plan,  the  board  of  public  works  shall 


644  REVISED  ORDINANCES.  CHAP.  LI. 

find  that  the  same  does  not  conform  to  the  requirements  of  the 
preceding  section,  it  shall  not  issue  any  permit  for  its  construction 
or  connection  with  any  public  or  district  sewer,  and  it  shall  be 
unlawful  to  construct  said  drain  or  to  connect  the  same  either 
directly  or  indirectly  with  any  public  or  district  sewer.  [G.  0. 
No.  902,  Sec.  1]. 

Sec.  1154.  Engineer  may  ascertain  whether  drain  is  prop- 
erly built. — The  city  engineer  shall  have  the  right  to  enter  upon 
the  premises  drained  by  any  house  drain,  constructed  and  con- 
nected with  any  public  or  district  sewer,  at  all  reasonable  hours, 
to  ascertain  whether  the  provisions  of  this  ordinance  or  any  or- 
dinance in  regard  to  house  drains  have  been  complied  with,  and 
if  he  shall  find  that  said  drain  or  its  attachments  do  not  conform 
to  the  provisions  of  law  in  regard  thereto,  he  shall  notify  the 
owner  of  said  premises  or  his  agent  of  this  fact.  It  shall,  there- 
upon, be  the  duty  of  said  owner  or  his  agent  to  cause  said  drain 
or  its  attachments  to  be  so  altered,  repaired  or  reconstructed  as 
to  make  them  conform  to  the  requirements  of  law  in  regard 
thereto  within  fifteen  days  from  the  time  of  receiving  such 
notice.     [R.  0.  1897,  Chap.  70.  Sec.  15]. 

Sec.  1155.    Penalty  for  violating'  three  preceding  sections. — 

Any  person  who  shall  violate  any  of  the  provisions  of  the  next 
three  preceding  sections  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  ten  nor 
more  than  one  hundred  dollars.     [E.  O.  1897,  Chap.  70,  Sec.  16]. 

Sec.  1156.  Owners  considered  as  petitioners,  when. — The 
owners  or  representatives  of  any  property  that  is  drained  by  a 
private  sewer  into  a  public  or  district  sewer,  when  such  property 
is  not  situated  within  the  limits  of  a  sewer  district  shall  be  con- 
sidered as  petitioners  for  establishing  a  sewer  district,  whenever 
any  other-  property  holders  within  said  proposed  district  shall 
petition  the  common  council  for  the  same.  [R.  O.  1897,  Chap  70, 
Sec.  17]. 

Sec.  1157.  Litter,  rubbish,  etc.,  not  to  be  thrown  into 
sewer. — No  person  shall  deposit  or  throw  into  any  sewer  or  sewer 
inlet,  or  any  private  drain,  or  any  street  or  gutter  connecting  with 
a  public  or  district  sewer,  any  straAV,-  hay,  shavings,  tinner 's  scraps. 


SEWERS.  645 

maimre,  wire,  tree  or  vine  clippings,  garbage  or  any  substance 
which  may  cause  the  sewer  or  sewer  inlet  to  choke  up,  or  Avhich 
may  create  a  nuisance ;  nor  shall  any  dam  or  obstruction  of  any 
kind  be  placed  in  any  sewer  unless  permission  so  to  do  is  expressly 
granted  by  the  board  of  public  works.  Any  person  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  pay  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars.  [G.  0.  No.  921, 
Sec.  1]. 

Sec.  1158.    Obstructions  or  discharges,  into,  etc.,  forbidden. — 

No  packing  house,  slaughter  house,  lard  rendering  establishment, 
dairy,  steam  engine,  steam  boiler,  gas  works,  hotel  or  boarding 
house,  or  any  establishment  by  which,  in  the  opinion  of  the  city 
engineer,  anything  would  be  discharged  into  the  sewers,  tend- 
ing to  obstruct  or  injure  the  same,  or  to  cause  a  nuisance,  shall 
be  connected  with  any  public  or  district  sewer,  except  through 
one  or  more  catch  basins  as  may  be  prescribed  by  said  city  en- 
gineer, and  in  case  the  matter  discharged  by  any  establishment 
can  not,  in  the  opinion  of  the  board  of  health,  be  rendered  harm- 
less to  the  sewer,  or  to  the  public  health,  they  shall  be  excluded 
from  the  sewer  entirely.     [R.  0.  1897,  Chap.  70,  Sec.  19]. 

Sec.  1159.  Persons  violating,  etc.,  to  be  notified  when — pen- 
alty.— In  case  any  establishment  shall  discharge  into  any  public 
or  district  sewer  in  violation  of  the  provisions  of  the  foregoing 
section,  the  city  engineer  shall,  whenever  ordered  by  the  com- 
mon council,  notify  the  owner  of  such  establishment  to  cease  from 
such  violation,  and,  if  catch  basins  are  needed,  to  build  the  said 
catch  basins  and  a  manhole  eighteen  inches  in  diameter  over  the 
same  to  the  level  of  the  street  or  alley,  and  with  an  iron  cover  fit- 
ted on  the  same,  within  thirty  days  from  the  date  of  said  notice. 
If,  at  the  expiration  of  said  notice,  the  order  so  given  shall  not 
have  been  complied  with,  the  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  pay  a 
fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars  for 
each  and  every  offense.     [R.  0.  1897,  Chap.  70,  Sec.  20]. 

Sec.  1160.  Condition  of  building  permit. — The  chief  of  the 
fire  department,  or  other  officer,  whose  duty  it  is  to  issue  build- 
ing permits  is  required  to  include  in  all  permits,  for  the  repairs 


Q416  REVISED  ORDINANCES.  CHAP.  LI. 

or  erection  of  buildings,  to  be  hereafter  issued  by  him,  the  follow- 
ing conditions :  First,  the  applicant  shall  agree  to  make  a  connec- 
tion with  the  sewer,  if  the  sewer  is  already  constructed,  and  if  not 
constructed,  he  shall  enter  into  a  bond  to  make  said  connection 
whenever  such  sewer  shall  be  constructed.  [R.  0.  1897,  Chap. 
70,  Sec.  21]. 

Sec.  1161.  Tax  bills  for  district  sewers,  information  thereon. 
— In  the  issuing  of  special  tax  bills  for  the  construction  of  district 
sewers,  the  city  engineer  is  hereby  required  to  have  written, 
printed  or  stamped  thereon  upon  the  upper  third  of  the  back  of 
bills  the  following  information: 

Number  of  scAver  district ;  number  of  special  ordinance 
ordering  the  work,  with  the  date  of  approval ;  name  of  con- 
tractors, with  date  of  approval  of  contract ;  location  of  sewers 
laid ;  number  of  feet  of  each  size  sewer  laid ;  cost  per  foot  of  each 
size;  number  of  inlets,  where  located  and  cost  of  each;  number 
of  manholes,  where  located  and  cost  of  each ;  total  number  of 
square  feet  in  the  district;  cost  per  square  foot;  total  cost  for  the 
district.     [G.  0.  No.  718,  Sec.  3]. 

BOUNDARIES    OF   SEWER   DISTRICT. 

Sec.  1162.  Sewer  district  No.  1. — There  is  hereby  established 
in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as  district 
No.  1,  bounded  as  follows,  to  wit :  Commencing  at  the  center  line 
of  Eighth  and  Messanie  streets,  thence  north  on  Eighth  street  to 
Charles  street,  thence  east  on  Charles  street  to  center  of  Twelfth 
street,  thence  south  on  center  line  of  Twelfth  street  to  Messanie, 
thence  east  on  Messanie  to  the  alley  dividing  block  7,  Stewart's 
addition,  thence  south  on  said  alley  to  the  south  line  of  lot  4  of 
said  block  7  of  Stewart's  addition,  thence  west  on  the  south  line 
of  lot  4  to  Thirteenth  street,  thence  west  on  the  south  line  of 
lots  3  and  2,  block  5,  lots  8  and  3,  block  4.  lots  6  and  3,  block  3, 
and  lots  6  and  3,  block  2.  all  in  Patee's  addition,  to  Eighth  street, 
thence  north  on  Eighth  street  to  Messanie  street.  [R.  0.  3897, 
Chap.  70,  Sec.  23]. 

Sec.  1163.  Sewer  district  No.  2. — There  is  hereby  established 
in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as  district 


SEWERS.  647 

No.  2,  bounded  as  follows,  to  wit :  Commeacing  at  a  point  on 
Fourth  street  at  the  center  of  Franklin  street,  thence  east  od  the 
center  of  Franklin  street  to  east  line  of  Sixth  street,  thence 
east  on  the  north  line  of  lot  6  in  Eges'  addition  to  the 
alley,  thence  south  along  said  alley  to  the  north  line  of 
lot  33,  thence  east  along  said  north  line  to  and  across  Seventh 
street  to  the  north  line  of  lot  3,  block  3,  County's  addition,  thence 
east  on  said  north  line  sixty  feet,  thence  south  across  lots  3,  2, 
and  1,  and  parallel  to  the  west  line  of  said  lots,  to  Hall  street, 
thence  west  on  Hall  street  to  a  point  two  hundred  feet  east  of 
the  line  of  Sixth  street,  thence  south  and  parallel  to  said  west 
line  of  Sixth  street  across  lots  7,  6  and  5  to  the  south  line  of  lot 
5  block  1,  County's  addition,  thence  west  along  the  south  line  of 
lot  5  to  Sixth  street,  thence  west  across  Sixth  street  to  and  along 
Antoine  street  to  the  alley  dividing  block  14,  Robidoux  addition, 
thence  south  on  said  alley  to  the  south  line  of  lot  4,  said  block  14, 
thence  west  along  the  south  line  of  said  lot  to  Fifth  street,  thence 
north  on  Fifth  street  to  Antoine  street,  thence  west  on  Antoine 
street  to  Fourth  street,  thence  north  on  Fourth  street  to  Franklin 
street.      [R.  0.  1897,  Chap.  70,  Sec.  24] . 

Sec.  1164.  Sewer  district  No.  3. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
district  No.  3,  bounded  as  follows,  to  wit:  Commencing  on 
Francis  street  at  the  alley  dividing  block  49,  Original  Town,  thence 
north  on  the  center  line  of  said  alley  between  Fourth  and  Fifth 
streets  to  the  center  of  block  13,  Robidoux 's  addition,  thence  east 
on  the  south  line  of  lots  9  and  4,  blocks  13  and  14,  Robidoux  addi- 
tion, to  the  center  of  the  alley  dividing  block  14,  Robidoux  addi- 
tion, thence  south  on  the  center  of  said  alley  between  Fifth  and 
Sixth  streets  to  Francis  street,  thence  west  on  Francis  street  to 
the  center  of  said  alley  dividing  block  49,  Original  Town.  [R.  0. 
1897,  Chap.  70,  Sec.  23]. 

Sec.  1165.  Sewer  district  No.  4. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
district  No.  4,  bounded  as  follows,  to  wit :  Commencing  at  the 
center  line  of  Main  and  Jules  streets,  thence  north  on  the  center 
of  Main  street  to  Antoine  street,  thence  east  on  Antoine 
street  to  Second  street,  thence  north  on  Second  street  to  Louis 


648  REVISED  ORDINANCES.  CHAP.  LI. 

street,  then  east  on  Louis  street  to  Fourth  street,  thence  south  on 
Fourth  street  to  Antoine  street,  thence  east  on  Antoine  street  to 
Fifth  street,  thence  south  on  Fifth  street  to  the  south  line 
of  lot  9,  block  13,  Robidoux  addition,  thence  west  on  the  south  line 
of  said  lot  9,  to  the  alley  dividing  said  block  13,  between 
Fourth  and  Fifth  streets,  thence  south  on  said  alley  divid- 
ing blocks  13  and  2,  Robidoux  addition,  and  blocks  46  and 
47,  Original  Town,  to  Faraon  street,  thence  west  on  Faraon  street 
to  Third  street,  thence  south  on  Third  street  to  the  south  line 
of  lots  10  and  3,  block  28,  Original  Town,  thence  west  on  south  line 
of  said  lots  10  and  3,  block  28,  Original  Town,  to  Second  street, 
thence  south  on  Second  street  to  Jules  street,  thence  west  on  Jules 
street  to  the  center  of  Jules  and  Main  streets,  or  point  of  begin- 
ning.    [R.  0.  1897,  Chap.  70,  Sec.  26] . 

Sec.  1166.  Sewer  district  No.  5. — The  boundary  line  of  sewer 
district  No.  5  is  hereby  changed  to  the  following  boundaries: 
Commencing  at  the  center  line  of  Fifteenth  and  Felix  streets, 
thence  north  on  Fifteenth  street  to  Faraon  street,  thence  east  on 
Faraon  street  to  the  center  of  block  8,  Harris'  addition,  thence 
south  along  the  center  line  of  blocks  8,  9  and  16,  to  the  south  line 
of  lot  4,  block  16,.Harris '  addition,  thence  west  on  the  south  line  of 
said  lot  to  Eighteenth  street,  thence  south  on  Eighteenth  street  to 
the  south  line  of  lot  9,  block  13,  Harris'  addition,  thence  west  on 
the  south  line  of  lots  9  and  10  to  the  southwest  corner  of  said  lot 
10,  thence  south  along  the  west  line  of  lot  7,  in  block  13,  Carter's 
addition  to  Felix  street,  thence  west  on  Felix  street  to  the  cen- 
ter line  of  block  19,  Carter's  addition,  thence  south  on  the  center 
of  the  alley  dividing  block  19,  to  the  south  line  of  lot  4,  in  said 
block  19,  thence  west  along  the  south  line  of  said  lot  4,  to  Seven- 
teenth street,  thence  south  on  Seventeenth  street  to  the  south  line 
of  lot  9,  block  21,  Carter's  addition,  thence  west  along  the  south 
line  of  lots  9  and  2,  block  21,  and  lot  6,  block  22,  all  in  Carter's 
addition,  thence  north  on  the  west  line  of  blocks  22  and  17,  to 
Felix  street,  thence  west  on  Felix  street  to  Fifteenth  street.  [R. 
0.  1897,  Chap.  70,  See.  27]. 

Sec.  1167.  Sewer  district  No.  6. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  6,  bounded  as  follows,  to  wit:  Commencing  at  the 
center  line  of  Olive  and  Fifth  streets,  thence  east  on  the  center 
line  of  Olive  street  to  west  line  of  Seventh  street,  thence  south  on 


SEWERS.  649 

west  line  of  Seventh  street  to  Seneca  street,  thence  west  on  what 
would  be  Seneca  alley  if  said  alley  was  opened  to  Seventh  street, 
to  the  west  line  of  lot  4,  block  3,  St.  Joseph's  Garden  addition, 
thence  north  on  west  line  of  lots  4  and  7,  to  center  of  Lafayette 
street,  thence  east  on  Lafayette  street  to  Fifth  street,  thence  north 
on  Fifth  street  to  center  of  Olive  street,  or  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  28]. 

Sec.  1168.  Sewer  district  No.  7. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  7,  bounded  as  follows,  to  wit:  Commencing  at  the 
center  line  of  Sixth  and  Messanie  streets,  thence  north  on  Sixth 
street  to  the  center  of  Sylvanie  street,  thence  west  on  Sylvanie 
street  to  the  center  of  Fifth  street,  thence  south  on  Fifth  street 
to  the  center  of  Messanie  street,  thence  east  on  Messanie  streeit  to 
point  of  beginning.      [E.  0.  1897,  Chap.  70,  Sec.  29]. 

Sec.  1169.  Sewer  district  No.  8. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  8,  bounded  as  follows,  to  wit:  Commencing  at  the 
center  line  of  Eighth  and  Messanie  streets,  thence  north  on  Eighth 
street  to  the  center  of  Charles  and  Eighth  streets,  thence  west 
on  Charles  street  to  Seventh  street,  thence  south  on  the  center  of 
Seventh  street  to  the  center  of  Messanie  street,  thence  east  on  the 
center  of  Messanie  street  to  point  of  beginning.  [R.  O.  1897, 
Chap.  70,  Sec.  30]. 

Sec.  1170.  Sewer  district  No.  9. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  9,  bounded  as  follows,  to  wit:  Commencing  at  the 
Missouri  river  and  center  line  of  Olive  street,  thence  east  along 
the  center  line  of  Olive  street  to  the  center  of  block  6,  Patee's 
addition,  thence  north  along  the  center  line  of  lot  10  and  east  line 
of  lots  9  and  11  of  said  block  to  the  alley  dividing  Cunning- 
ham's addition,  thence  north  along  the  center  line  of  said  alley 
and  of  the  alley  dividing  Bela  M.  Hughes'  addition,  and  block  7 
Stewart's  addition,  to  the  southeast  corner  of  district  No. 
1,  thence  westerly  along  the  south  line  of  district  No.  1  to  the  cen- 
ter of  Eighth  street,  thence  north  along  the  center  of  Eighth 
street  to  the  center  of  Messanie  street,  thence  west  along  the  cen- 
ter line  of  Messanie  street  to  the  Missouri  river,  thence  southerly 
along  the  river  line  to  the  point  of  beginning.  [R.  0.  1897,  Chap. 
70,  Sec.  31]. 


650  REVISED  ORDINANCES.  CHAP.  LI. 

Sec.  1171.  Sewer  district  No.  10. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  10,  bounded  as  follows,  to  wit :  Commencing  on  Fifth 
street  at  a  point  eighty  feet  south  of  the  south  line  of  Felix  street, 
thence  east  on  a  line  parallel  to  Felix  street  to  the  center  of  the 
alley  dividing  blocks  5  and  6,  Smith's  addition,  thence  north  on 
the  center  line  of  said  alley  to  the  center  of  Francis  street, 
thence  west  on  the  center  line  of  Francis  street  to  the  center  of 
Fifth  street,  thence  south  on  the  center  line  of  Fifth  street  to  the 
point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  32] . 

Sec.  1172.  Sewer  district  No.  11. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  11,  bounded  as  follows,  to  wit:  Commencing  in  the 
alley  dividing  block  5,  Smith's  addition,  at  a  point  eighty  feet 
south  of  the  south  line  of  Felix  street,  thence  east  on  said  line  and 
parallel  to  the  south  line  of  Felix  street,  to  the  center  of  Eighth 
street,  thence  north  on  Eighth  street  to  the  center  of  Frederick 
avenue,  thence  northeast  along  the  center  line  of  Frederick 
avenue  to  the  center  of  the  alley  dividing  blocks  22  and  21, 
Smith's  addition,  thence  north  on  the  center  of  said  alley  to  the 
center  of  Jules  street,  thence  west  on  the  center  of  Jules  street 
to  the  center  of  Seventh  street,  thence  south  on  the  center  of 
Seventh  street  to  the  center  of  Francis  street,  thence  west  on  the 
center  line  of  Francis  street  to  the  alley  dividing  block  6,  Smith's 
addition,  thence  south  on  the  center  of  said  alley  to  point  of  be- 
ginning.    [R.  0.  1897,  Chap.  70,  Sec.  33]. 

Sec.  1173.  Sewer  district  No.  12. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  12,  bounded  as  follows,  to  wit:  Commencing  at  the 
center  line  of  Third  and  Messanie  streets,  thence  north  on  Third 
street  to  the  center  of  Charles  street,  thence  east  on  Charles  street 
to  the  center  of  Fifth  street,  thence  south  on  Fifth  street  to  the 
center  of  Messanie  street,  thence  west  on  Messanie  street  to  the 
point  of  beginning.     fR.  O.  1897,  Chap.  70,  Sec.  34]. 

Sec.  1171.  Sewer  district  No.  13.— There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  13,  bounded  as  follows,  to  wit:  Commencing  at  the 
northwest  corner  of  said  district  at  the  center  of  Eleventh  and 


SEWERS.  651 

Francis  streets,  thence  south  on  the  center  of  Eleventh  street 
to  Charles  street,  thence  east  on  the  center  of  Charles  street  to 
Twelfth  street,  thence  south  on  the  center  of  Twelfth  street  to 
Angelique  street,  thence  east  on  the  center  line  of  Angelique  street 
to  Fifteenth  street,  thence  north  on  the  center  of  Fifteenth  street 
to  Sylvanie  street,  thence  east  on  the  center  of  Sylvanie  street  to 
the  alley  dividing  block  25,  Carter's  addition,  thence  north  on  the 
center  of  said  alley  and  the  west  line  of  lots  3  and  4,  Carter's 
addition,  to  the  southeast  corner  of  Wilson's  addition,  thence 
north  on  the  east  line  of  said  addition  to  Felix  street,  thence  west 
on  the  center  of  Felix  street  to  Fifteenth  street,  thence  north 
on  the  center  of  Fifteenth  street  to  Francis  street,  thence  west  on 
Francis  street  to  point  of  beginning.  [R.  0.  1897,  Chap.  70, 
Sec.  35]. 

Sec.  1175.  Sewer  district  No.  14. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  14,  bounded  as  follows,  to  wit:  Commencing  at  the 
center  of  Faraon  and  Twelfth  streets,  thence  east  on  Faraon  street 
to  Thirteenth  street,  thence  north  on  Thirteenth  street  to  Buch- 
anan avenue,  thence  east  on  Buchanan  avenue  to  Landis  street, 
thence  north  on  center  of  Landis  street  to  the  center  of  the  alley 
dividing  block  2,  Landis  and  Hull's  addition,  thence  east  on  the 
center  of  said  alley  to  Hull  street,  thence  north  on  the  center  of 
Hull  street  to  Frederick  avenue,  thence  west  on  Frederick  avenue 
to  the  center  of  Mt.  Mora  road,  thence  north  on  Mt.  IMora  road  to 
the  south  line  of  Mt.  Mora  cemetery,  thence  west  on  the  south  line 
of  ]Mt.  Mora  cemetery  to  Thirteenth  street,  thence  south  on  the 
center  of  Thirteenth  street  to  the  center  of  Ridenbaugh  street, 
thence  west  on  the  center  of  Ridenbaugh  street  to  Twelfth  street, 
thence  south  on  the  center  of  Twelfth  street  to  the  point  of  be- 
ginning.     [R.  0.  1897,  Chap.  70,  Sec.  36]. 

Sec.  1176.  Sewer  district  No.  15.  There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  15,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Twelfth  and  Faraon  streets,  thence  north  on  the 
center  of  Twelfth  street  to  Henry  street,  thence  west  on  the  cen- 
ter of  Henry  street  to  a  point  one  hundred  and  ninety-two  feet 
west  of  the  west  line  of  Twelfth  street,  thence  south  on  the  line 


652  REVISED  ORDINANCES.  CHAP.  LI. 

dividing  lots  6  and  7  and  lots  22  and  23,  iii  block  28,  St.  Joseph 
Improvement  addition  to  the  center  of  Church  street,  thence  west 
on  the  center  of  Church  street  to  the  center  of  Eleventh  street, 
thence  south  on  Eleventh  street  to  the  center  of  the  alley  divid- 
ing block  32,  St.  Joseph  Improvement  addition,  thence  v^est  on 
the  center  of  said  alley  to  the  line  dividing  lots  12  and  13,  in  said 
block  32,  thence  south  on  said  line  to  the  center  of  Isidore  street, 
thence  west  on  the  center  of  Isidore  street  to  a  point  one  hundred 
and  sixty-eight  feet  west  of  the  west  line  of  Eleventh  street, 
thence  south  on  said  line  to  a  point  two  hundred  feet  south  of 
south  line  of  Isidore  street,  thence  west  and  parallel  with  the 
south  line  of  Isidore  street  to  the  center  of  Tenth  street,  thence 
south  on  the  center  of  Tenth  street  to  the  line  dividing  lots  2  and 
3,  block  39,  Smith's  addition,  thence  east  on  said  line  to  the  cen- 
ter of  the  alley  running  east  and  west  through  said  block  39,  and 
on  the  center  of  said  alley  to  Eleventh  street,  thence  north  on  the 
center  of  Eleventh  street  to  the  center  of  Jules  street,  thence  (^ast 
on  the  center  of  Jules  street  to  center  of  Twelfth  street,  thence 
north  on  the  center  of  Twelfth  street  to  the  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  37]. 

Sec.  1177.  Sewer  district  No.  16. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  16,  bounded  as  follows,  to  wit:  Commencing  on  the 
east  bank  of  the  Missouri  river  at  the  center  of  Jules  street,  thence 
east  on  the  center  of  Jules  street  to  Second  street,  thence  north 
on  the  center  of  Second  street  to  the  north  line  of  lots  2  and  11, 
block  28,  Original  Town,  thence  east  on  the  north  line  of  said  lots 
to  Third  street,  thence  north  on  the  center  of  Third  street  to 
Faraon  street,  thence  east  on  the  center  of  Faraon  street  to  Fourth 
street,  thence  south  on  the  center  of  Fourth  street  to  Jules  street, 
thence  west  on  the  center  of  Jules  street  to  Third  street,  thence 
south  on  the  center  of  Third  street  to  Francis  street,  thence  west 
on  Francis  street  to  Second  street,  thence  south  on  the  center  of 
Second  street  to  Charles  street,  thence  west  on  the  center  of 
Charles  street  to  the  Missouri  river,  thence  northwesterly  along 
the  east  bank  of  said  river  to  point  of  beginning.  [R.  O.  1897, 
Chap.  70,  Sec.  38]. 

Sec.  1178.  Sewer  district  No.  17. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 


SEWERS.  653 

sewer  district  No.  17,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Charles  and  Second  streets,  thence  north  on  the 
center  of  Second  street  to  the  center  of  Francis  street,  thence  east 
on  the  center  of  Francis  street  to  the  center  of  Third  street,  thence 
north  on  the  center  of  Third  street  to  the  center  of  Jules  street, 
thence  east  on  the  center  of  Jules  street  to  the  center  of  Fourth 
street,  thence  south  on  the  center  of  Fourth  street  to  the  center 
of  Charles  street,  thence  west  on  the  center  of  Charles  street  to 
the  point  of  beginning.     [R.  0.  1897,  Chap.  70,  Sec.  39]. 

Sec.  1179.  Sewer  district  No.  18. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  18,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Fourth  and  Charles  streets,  thence  north  on 
Fourth  street  to  the  center  of  Faraon  street,  thence  east  on  Far- 
aon  street  to  the  center  of  block  48,  Original  Town,  thence  south 
on  the  center  line  of  blocks  48  and  49,  Original  Town,  to  Francis 
street,  thence  east  on  Francis  street  to  the  center  of  Fifth  street, 
thence  south  on  Fifth  street  to  the  south  line  of  districts  No.  10 
and  11,  thence  east  on  said  line  to  Eighth  street,  thence  south  on 
Eighth  street  to  Charles  street,  thence  west  on  Charles  street  to 
point  of  beginning.      [R.  O.  1897,  Chap.  70,  Sec.  40] . 

Sec.  1180.  Sewer  district  No.  19. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  19,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Fifth  and  Charles  streets,  thence  east  on  the  cen- 
ter of  Charles  street  to  Seventh  street,  thence  south  on  the  center 
of  Seventh  street  to  Messanie  street,  thence  west  on  Messanie  to 
Sixth  street,  thence  north  on  Sixth  street  to  Sylvanie  street, 
thence  west  on  Sylvanie  street  to  Fifth  street,  thence  north  on 
Fifth  street  to  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  41] . 

Sec.  1181.  Sewer  district  No.  20. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  20,  bounded  as  follows,  to  wit :  Commencing  at  the 
center  of  Charles  and  Eighth  streets,  thence  north  on  the  center 
of  Eighth  to  the  south  line  of  Felix  street  and  Frederick  avenue, 
thence  northeasterly  on  the  center  of  Frederick  avenue  to  the 
east  line  of  Ninth  street,  thence  east  on  the  center  line  of  Francis 


654  REVISED  ORDINANCES.  CHAP.  LI. 

street  to  center  of  Tenth  street,  thence  north  on  the  center  of 
Tenth  street  to  the  north  line  of  lot  2,  block  39,  Smith's  addition, 
thence  east  along  the  north  line  of  lot  2,  block  39,  Smith's  addi- 
tion and  alley  running  east  and  west  through  a  portion  of  said 
block  39  to  the  center  of  Eleventh  street,  thence  south  on  the  cen- 
ter of  Eleventh  street  to  the  center  of  Charles  street,  thence  west 
on  the  center  of  Charles  street  to  the  place  of  beginning.  [R.  O. 
1897,  Chap.  70,  Sec.  42]. 

Sec.  1182.  Sewer  district  No.  21. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
district  No.  21,  bounded  as  fallows,  to  wit:  Commencing  on 
Frederick  avenue  at  the  alley  dividing  block  22,  Smith's  addition, 
thence  north  on  the  center  line  of  said  alley  dividing  blocks  22 
and  21,  Smith's  addition,  to  the  center  of  Jules  street,  thence  west 
on  the  center  line  of  Jules  street  to  the  alley  dividing  block  17, 
Smith's  addition,  thence  north  on  the  center  of  said  alley  to  the 
center  of  block  17,  Smith's  addition,  thence  east  on  the  north  line 
of  lot  7,  block  17,  Smith's  addition,  to  the  center  of  Eighth  street, 
thence  north  on  the  center  line  of  Eighth  street  to  the  center  of 
Faraon  street,  thence  east  on  the  center  line  of  Faraon  street  to 
the  alley  dividing  block  19,  Smith 's  addition,  thence  on  the  center 
line  of  said  alley  to  the  center  of  block  19,  Smith's  addition, 
thence  east  on  the  north  line  of  lot  8,  block  19,  Smith's  addition, 
to  the  center  of  Ninth  street,  thence  north  on  center  of  Ninth 
street  to  the  center  of  Robidoux  street,  thence  east  on  the  center 
of  Robidoux  street  to  the  center  of  Tenth  street,  thence  south  on 
the  center  of  Tenth  street  to  the  center  of  Francis  street,  thence 
west  on  the  center  of  Francis  street  to  the  center  of  Frederick 
avenue,  thence  southwest  on  the  center  of  Frederick  avenue  to 
the  alley  dividing  block  22,  Smith's  addition,  and  point  of  begin- 
ning.    [R.  0.  1897,  Chap.  70,  Sec.  43]. 

Sec.  1183.  Sewer  district  No.  22.— There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  22,  bounded  as  follows,  to  wit:  Commencing 
on  Francis  street  at  the  alley  dividing  block  62,  Original  Town, 
thence  north  on  said  alley  to  the  center  of  Antoine  street,  thence 
east  on  Antoine  street  to  the  center  of  Sixth  street,  thence  south 
on  Sixth  street  to  a  point  opposite  the  south  line  of  lot  5,  block  1, 


SEWERS.  655 

County's  addition,  thence  east  on  said  line  to  a  point  two  hundred 
feet  east  of  the  east  line  of  Sixth  street,  thence  north  on  a  line 
parallel  to  the  east  line  of  Sixth  street  to  the  center  of  Hall  street, 
thence  east  on  Hall  street  to  a  point  sixty  feet  east  of  the  east  line 
of  Seventh  street,  thence  north  on  the  east  line  of  district  No.  2, 
to  the  north  line  of  lot  2,  block  3,  County's  addition,  thence  east 
along  the  said  line  to  the  east  line  of  block  3,  County's  addition, 
thence  south  on  said  line  to  the  north  line  of  Hall  street,  thence 
southwest  to  the  northeast  corner  of  Henr^^'s  addition,  thence 
south  on  the  east  line  of  Henry's  addition  to  the  south  line  of  the 
Amnion's  tract,  thence  east  on  said  line  to  the  west  line  of  Ghio's 
addition,  thence  south  on  said  line  and  east  line  of  Bush  tract  to 
Robidoux  street,  thence  east  on  Robidoux  street  to  the  center  of 
Ninth  street,  thence  south  on  Ninth  street  to  the  north  line  of  lot 
8,  block  19,  Smith's  addition,  thence  west  on  said  line  to  the  alley 
dividing  block  19,  Smith's  addition,  thence  south  on  said  alley  to 
the  center  of  Faraon  street,  thence  west  on  Faraon  to  Eighth 
street,  thence  south  on  Eighth  street  to  the  north  line  of  lot  7, 
block  17,  Smith's  addition,  thence  west  on  said  north  line  of  lot 
7,  block  17,  Smith's  addition,  to  the  alley  dividing  block  17, 
Smith's  addition,  thence  south  on  said  alley  to  Jules  street,  thence 
west  on  Jules  street  to  Seventh  street,  thence  south  on  Seventh 
street  to  Francis  street,  thence  west  on  Francis  street  to  point  of 
beginning.     [R.  0.  1897,  Chap.  70,  Sec.  41]. 

Sec.  1184.  Sewer  district  No.  23. — There  is  hereby  estab- 
lished in  the  citj^  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  23,  bounded  as  follows,  to  wit :  Commencing 
at  Ninth  and  Robidoux  streets,  thence  west  on  Robidoux  street 
to  the  east  line  of  Bush  tract,  thence  north  along  said  east  line  of 
the  Bush  tract  and  west  line  of  Ghio's  addition  to  the  south  line 
of  the  Ammon's  tract,  thence  west  on  said  line  to  the  east  line  of 
Henry's  addition,  thence  north  on  the  east  line  of  Henry's  addi- 
tion to  the  south  line  of  Hall  street,  thence  northeast  to  the  south- 
east corner  of  lot  1,  block  3,  County's  addition,  thence  north  on 
the  east  line  of  lots  1  and  2,  block  3,  County's  addition  to  the 
north  line  of  lot  2,  block  3,  County's  addition,  thence  east  on  said 
line  to  the  southwest  corner  of  lot  8,  block  26,  St.  Joseph  Im- 
provement addition,  thence  north  on  the  west  line  of  lots  8,  7  and 
6,  block  26,  Improvement  addition,  to  the  center  of  alley  dividing 


656  REVISED  ORDINANCES.  CHAP   LI. 

block  26,  Improvement  addition,  thence  east  on  said  alley  to  the 
center  of  Ninth  street,  thence  north  on  Ninth  street  to  the  center 
of  Corby  street,  thence  east  on  Corby  street  to  a  point  one  hundred 
and  forty-four  feet  east  of  the  east  line  of  Ninth  street,  thence 
north  on  the  line  dividing  lots  20  and  21  and  6  and  7,  block  14, 
Improvement  addition,  to  the  center  of  Powell  street,  thence  east 
on  Powell  street  to  the  center  of  Tenth  street,  thence  north  on 
Tenth  street  to  the  alley  dividing  block  10,  Improvement  addition, 
thence  east  through  the  alley  dividing  blocks  10  and  11,  Improve- 
ment addition,  and  block  6,  Rogers'  Second  addition,  to  the  west 
line  of  Thirteenth  street,  thence  northeast  to  the  line  dividing 
lots  5  and  6,  block  5,  Rogers'  Second  addition,  thence  east  on 
said  line  to  the  west  line  of  Mt.  Mora  cemetery,  thence  south  on 
the  west  line  of  Mt.  Mora  cemetery  to  the  south  line  of  Mt.  Mora 
cemetery,  thence  west  on  the  north  line  of  district  No.  14  to  the 
center  of  Thirteenth  street,  thence  south  on  Thirteenth  street  to 
the  center  of  Rideubaugh  street,  thence  west  on  Ridenbaugh 
street  to  the  center  of  Twelfth  street,  thence  south  on  Twelfth 
street  to  the  center  of  Henry  street,  thence  west  on  Henry  street 
to  a  point  one  hundred  and  sixty-two  feet  west  of  the  west  line 
of  Twelfth  street,  thence  south  on  the  line  dividing  lots  6  and  7, 
22  and  23,  block  28,  Improvement  addition,  to  the  center  of 
Church  street,  thence  west  on  Church  street  to  the  center  of 
Eleventh  street,  thence  south  on  Eleventh  street  to  the  center  of 
the  alley  dividing  block  32,  Improvement  addition,  thence  west  on 
said  alley  to  the  line  dividing  lots  12  and  13,  in  said  block  32, 
thence  south  on  said  line  to  the  center  of  Isidore  street,  thence 
west  on  center  of  Isidore  street  to  a  point  one  hundred  and  sixty- 
eight  feet  west  of  the  west  line  of  Eleventh  street,  thence  south 
on  a  line  parallel  with  the  west  line  of  Eleventh  street  to  a  point 
two  hundred  feet  south  of  the  south  line  of  Isidore  street,  thence 
west  and  parallel  with  the  south  line  of  Isadore  street  to  the  cen- 
ter of  Tenth  street,  thence  south  on  Tenth  street  to  the  center  of 
Robidoux  street,  thence  west  on  Robidoux  street  to  the  center  of 
Ninth  street  or  point  of  beginning.   [R.  0.  1897,  Chap.  70,  Sec.  45] . 

Sec.  1185.  Sewer  district  No.  24. — There  is  hereby  estab- 
tablished  in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  24,  bounded  as  follows,  to  wit:  Commencing 
on  Francis  and  Fifteenth  streets,  thence  north  on  the  center  of 


SEWERS.  657 

Fifteeutli  street  to  the  center  of  Faraon  street,  thence  east  on  Far- 
aon  street  to  the  center  of  Sixteenth  street,  thence  north  on  Six- 
teenth street  to  the  center  of  Buchanan  avenue,  thence  southwest 
on  Buchanan  avenue  to  the  center  of  Thirteenth  street,  thence 
south  on  Thirteenth  street  to  the  center  of  Faraon  street,  thence 
west  on  Faraon  street  to  the  center  of  Twelfth  street,  thence  south 
on  Twelfth  street  to  the  center  of  Francis  street,  thence  east  on 
Francis  street  to  the  point  of  beginning.  [R.  0.  1897,  Chap.  70, 
Sec.  46]. 

Sec.  1186.  Sewer  district  No.  25. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  25,  bounded  as  follows,  to  wit:  Commencing 
at  the  alley  between  Third  and  Fourth  on  Franklin  street,  thence 
north  on  said  alley  to  Isabelle  street,  thence  east  on  Isabelle  street 
to  Sixth  street,  thence  south  on  Sixth  street  to  Lincoln  street, 
thence  east  on  Lincoln  street  to  the  alley  running  north  and  south 
through  block  7,  St.  Joseph  Improvement  addition,  thence  south 
on  said  alley  to  the  alley  running  east  and  west  in  same  block, 
thence  east  on  said  alley  and  the  alley  in  block  8,  in  said  addition 
to  Ninth  street,  thence  south  on  Ninth  street  to  Powell  street, 
thence  east  on  Powell  street  to  the  line  dividing  lots  6  and  7,  20 
and  21,  in  block  14,  in  said  Improvement  addition,  thence  south  on 
said  line  to  Corby  street,  thence  west  on  Corby  street  to  Ninth 
street,  thence  south  on  Ninth  street  to  the  alley  in  block  26,  in  said 
Improvement  addition,  thence  west  on  said  alley  to  the  west  line 
of  lots  6,  7  and  8,  in  said  block  26,  thence  south  on  said  line  to  the 
north  line  of  lot  2,  block  3,  County's  addition,  thence  west  on  said 
line  to  a  point  sixty  feet  east  of  the  east  line  of  Seventh  street, 
thence  north  and  east  on  the  northerly  boundary  of  sewer  district 
No.  2,  to  the  intersection  of  Fourth  and  Franklin  streets,  thence 
west  on  Franklin  street  to  point  of  beginning.  [R.  O.  1897,  Chap. 
70,  Sec.  47]. 

Sec.  1187.  Sewer  district  No.  26. — The  boundary  line  of 
sewer  district  No.  26  is  hereby  changed  to  the  following  boun- 
daries :  Commencing  at  the  intersection  of  Frederick  avenue 
and  ]\It.  j\Iora  road,  thence  north  on  Mt.  Mora  road  to  the  south 
line  of  Mt.  IMora  cemetery,  thence  east  on  south  line  of  cemetery 
to   center   of   Seventeenth   street,   thence   north   on   Seventeenth 

43 


658  REVISED  ORDINANCES.  CHAP.  LI. 

street  to  center  of  Jones  street,  thence  east  on  Jones  street  to  cen- 
ter of  Eighteenth  street,  thence  south  on  Eighteenth  street  to  cen- 
ter of  Frederick  avenue,  thence  westerly  on  Frederick  avenue 
to  center  of  Seventeenth  street,  thence  south  on  Seventeenth 
street  to  alley  dividing  block  3,  Landis  and  Hull's  addition,  thence 
west  on  said  alley  to  center  of  Hull  street,  thence  north  on  Hull 
street  to  center  of  Frederick  avenue,  thence  westerly  on  Frederick 
avenue  to  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  48]. 

Sec.  1188.  Sewer  district  No.  27. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  27,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Sixteenth  and  Faraon  streets,  thence  north  on 
Sixteenth  street  to  Buchanan  avenue,  thence  southwest  on  Buch- 
anan avenue  to  Landis  street,  thence  north  on  Landis  street  to 
alley  between  Buchanan  and  Frederick  avenues,  thence  north- 
easterly on  said  alley  to  Seventeenth  street,  thence  south  on  Sev- 
enteenth street  to  Clay  street,  thence  east  on  Clay  street  to  the 
line  dividing  lots  5  and  6,  in  Hedenberg's  First  addition,  thence 
south  on  said  line  and  on  lines  dividing  lots  10  and  22,  11  and  21, 
16  and  17,  in  said  addition  to  Mulberry  street,  thence  west  on  Mul- 
berry street  to  Twenty-first  street,  thence  south  on  Twenty-first 
street  to  Faraon  street,  thence  west  on  Faraon  street  to  Twentieth 
street,  thence  south  on  Twentieth  street  to  Francis  street,  thence 
west  on  Francis  street  to  the  center  line  of  block  9  in  Harris'  addi- 
tion, thence  north  on  center  line  of  said  block  9  and  center  line  of 
block  8  in  said  addition  to  Faraon  street,  thence  west  on  Faraon 
street  to  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  49]. 

Sec.  1189.  Sewer  district  No.  28. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  28,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Eighth  street  and  Mitchell  avenue,  thence  north 
on  Eighth  street  to  Lafayette  street,  thence  east  on  Lafayette 
street  to  Ninth  street,  thence  south  on  Ninth  street  to  Mitchell 
avenue,  thence  west  on  Mitchell  avenue  to  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  50]. 

Sec.  1190.  Sewer  district  No.  29. — There  is  hereby  estab- 
lish "^d  in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 


SEWERS.  659 

sewer  district  No.  29,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Eighth  and  Lafayette  streets,  thence  north  on 
Eighth  street  to  Olive  street,  thence  east  on  Olive  street  to  the 
line  dividing  lots  1  and  2,  block  24,  Patee's  addition,  thence  south 
on  the  line  between  lots  1  and  2,  17  and  18,  19  and  20,  on  said 
line  produced  across  lot  3  to  the  north  line  of  lot  4,  all  in  said 
block  24,  thence  west  on  the  north  line  of  lot  4  to  the  center  of 
Thirteenth  street,  thence  north  on  Thirteenth  street  to  the  center 
of  Lafayette  street,  thence  west  on  Lafayette  street  to  Twelfth 
street,  thence  north  on  Twelfth  street  to  the  line  dividing  lots  2 
and  3,  block  23,  Patee  's  addition,  thence  west  on  said  line  and  the 
line  dividing  lots  2  and  3,  block  22,  Patee 's  addition,  to  Eleventh 
street,  thence  south  on  Eleventh  street  to  Lafayette  street,  thence 
west  on  Lafayette  street  to  the  point  of  beginning.  [R.  O.  1897, 
Chap.  70,  Sec.  51]. 

Sec.  1191.  Sewer  district  No.  30. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  30,  bounded  as  follows,  to  wit:  Commencing 
at  the  center  of  Frederick  avenue  and  Seventeenth  street,  thence 
northeast  on  Frederick  avenue  to  Twenty-second  street,  thence 
south  on  Twenty-second  street  to  Clay  street,  thence  west  on  Clay 
street  to  Seventeenth  street,  thence  northerly  on  Seventeenth 
street  to  point  of  beginning.     [R.  0.  1897,  Chap.  70,  Sec.  52], 

Sec.  1192.  Sewer  district  No.  31. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  31,  bounded  as  follows,  to  wit :  Beginning 
at  the  intersection  of  Frederick  avenue  and  Twenty-second  street, 
thence  south  on  Twenty-second  street  to  the  south  line  of  lot  26, 
block  13,  St.  Joseph  Eastern  Extension  addition,  thence  east  along 
said  line  to  the  alley  through  said  block,  thence  north  on  said 
alley  to  the  south  line  of  lot  6,  in  said  block,  thence  east  along 
south  line  of  lot  6,  to  Twenty-third  street,  thence  north  on  Twenty- 
third  street  to  Union  street,  thence  east  on  Union  street  to  alley 
between  Twenty-fourth  and  Twenty-fifth  streets,  thence  north 
along  said  alley  to  Jones  street,  thence  west  on  Jones  street  to 
Frederick  avenue,  thence  southwest  along  Frederick  avenue  to 
point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  53]. 


660  REVISED  ORDINANCES.  CHAP.  LI. 

Sec.  1193.  Sewer  district  No.  32. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  32,  bounded  as  follows,  to  wit :  Beginning  at 
the  intersection  of  Eighteenth  street  and  Frederick  avenue,  thence 
north  along  Eighteenth  street  to  Jones  street,  thence  east  along 
Jones  street  to  west  line  of  Highly 's  addition,  thence  northwes- 
terly along  said  line  to  the  alley  through  block  9,  Highly 's  addi- 
tion, thence  east  along  said  alley  and  the  alley  through  block  4 
of  said  addition,  to  west  line  of  lot  10  of  said  block  1,  thence  north 
along  said  line  to  the  center  line  of  Highly  street,  thence  east 
along  the  center  line  of  Highly  street  to  east  line  of  lot  2,  block  3, 
Highly 's  addition,  thence  south  along  said  line  and  the  east  line 
of  lot  27  in  said  block  and  the  east  line  of  lots  2  and  27,  block  2, 
Highly 's  addition  to  Howard  street,  thence  west  on  Howard  street 
to  Twentieth  street,  thence  south  on  Twentieth  street  to  Frederick 
avenue,  thence  southwest  along  Frederick  avenue  to  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  54]. 

Sec.  1194.  Sewer  district  No.  33. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  33,  bounded  as  follows,  to  wit :  Commencing 
at  the  center  of  Sixth  and  Oak  streets,  thence  west  on  the  center 
line  of  Oak  street  to  the  bank  of  the  Missouri  river,  thence  north- 
easterly with  said  river  bank  to  the  center  line  of  Hickory  street, 
thence  east  on  the  center  line  of  Hickory  street  to  the  center  line 
of  Sixth  street,  thence  south  on  center  line  of  Sixth  street  to  cen- 
ter line  of  Oak  street  to  the  point  of  beginning.  [R.  0.  1897, 
Chap.  70,  Sec.  55] . 

Sec.  1195.  Sewer  district  No.  34. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  34,  bounded  as  follows,  to  wit:  Beginning  at 
the  intersection  of  Frederick  avenue  with  Twentieth  street  from 
the  north,  thence  northeasterly  along  the  center  line  of  Frederick 
avenue  to  the  center  line  of  Jones  street,  thence  east  along  the 
center  line  of  Jones  street  to  the  center  line  of  Twenty -fifth  street, 
thence  north  along  the  center  line  of  Twenty-fifth  street  to  the 
center  line  of  the  alley  through  block  1,  St.  Joseph  Eastern  Ex- 
tension addition,  thence  east  along  the  center  line  of  snid  alley 
to  the  east  line  of  said  block  1,  thence  continuing  east  and  par- 
allel with  Frederick  avenue  to  a  point  due  south  from  the  inter- 
section of  Frederick  avenue  with  Ashland  avenue,  thence  north 


SEWERS.  661 

to  the  intersection  of  said  avenues,  thence  northeasterly  along 
the  center  line  of  Ashland  avenue  to  the  center  line  of  Folsom 
street,  thence  northwesterly  along  the  center  line  of  Folsom  street 
to  the  center  line  of  the  first  alley  lying  west  of  and  parallel  with 
Ashland  avenue,  thence  west  along  the  center  line  of  Folsom  street 
to  the  center  line  of  Roberts  avenue,  thence  north  along  the  center 
line  of  Roberts  avenue  to  the  center  line  of  the  alley  between  Dela- 
ware and  Folsom  streets,  thence  west  along  the  center  line  of  said 
alley  to  the  center  line  of  the  first  alley  east  of  and  parallel  w4th 
Twenty-sixth  street,  thence  north  along  the  center  line  of  said 
alley  to  the  center  line  of  Delaware  street,  thence  west  along  the 
center  line  of  Delaware  street  to  the  east  line  of  the  west  half  of 
the  southeast  quarter  of  section  4,  township  57,  range  35,  thence 
west  and  parallel  with  the  south  line  of  the  west  half  of  the  south- 
east quarter  of  said  section  4,  a  distance  of  five  hundred  and  sixty 
feet,  thence  south  and  parallel  with  the  east  line  of  the  west  half 
of  southeast  quarter  of  said  section  4,  a  distance  of  two  hundred 
and  seventy-six  feet,  thence  west  and  parallel  with  the  south  line 
of  the  west  half  of  southeast  quarter  of  said  section  4  to  the  center 
line  of  Twenty-second  street,  thence  south  along  the  center  line 
of  Twenty-second  street  to  the  center  line  of  the  alley  through 
block  6,  Carbry's  addition,  thence  west  along  the  center  line  of 
said  alley  to  a  point  one  hundred  and  sixty  feet  west  of  Twenty- 
second  street,  thence  south  and  parallel  with  Twenty-second 
street  to  the  center  line  of  Beattie  street,  thence  west  along  the 
center  line  of  Beattie  street  to  a  point  opposite  the  line  separating 
lots  9  and  10,  block  3,  Carbry's  addition,  thence  south  along  said 
line  to  the  center  line  of  the  alley  through  block  3,  Carbry's  addi- 
tion, thence  west  along  the  center  line  of  said  alley  to  a  point  op- 
posite the  line  separating  lots  28  and  29,  block  3,  Carbry's  addi- 
tion, thence  south  along  said  line  to  the  center  line  of  Highly 
street,  thence  west  along  the  center  line  of  Highly  street  to  the 
line  dividing  lots  2  and  3,  block  3,  Highly 's  addition,  thence  south 
along  said  division  line  and  the  line  dividing  lots  26  and  27,  of  the 
same  block,  and  the  line  dividing  lots  2  and  3  and  dividing  lots  26 
and  27,  of  block  2,  Highly 's  addition,  to  the  center  line  of  Howard 
street,  thence  west  along  the  center  line  of  Howard  street  to  the 
center  line  of  Twentieth  street,  thence  south  along  the  center  line 
of  Twentieth  street  to  the  point  of  beginning.  [R.  0.  1897,  Chap. 
70,  Sec.  56]. 


662  REVISED  ORDINANCES.  CHAP.  LI. 

Sec.  1196.  Sewer  district  No.  35. — There  is  hereby  estab- 
lished in  the  city  of  St.  Josei)h  a  sewer  district  to  be  known  as 
sewer  district  No.  35,  bounded  as  follows,  to  wit:  Commencing 
at  the  intersection  of  the  center  line  of  Seneca  street  and  the  cen- 
ter line  of  the  alley  dividing  blocks  81  and  88,  Patee's  addition, 
thence  north  on  center  line  of  said  alley  to  center  line  of  Olive 
street,  thence  west  on  the  center  line  of  Olive  street  to  the  center 
line  of  Seventeenth  street  north,  thence  north  on  the  center  line 
of  Seventeenth  street  to  the  center  line  of  Messanie  street,  thence 
east  on  center  line  of  Messanie  street  to  center  line  of  Eighteenth 
street  south,  thence  south  on  center  line  of  Eighteenth  street  to 
center  line  of  east  and  west  alley  through  block  1,  Hall's  Second 
addition,  thence  east  on  center  line  of  said  alley  to  center  line  of 
Nineteenth  street,  thence  south  on  center  line  of  Nineteenth  street 
to  center  line  of  Olive  street,  thence  east  on  center  line  of  Olive 
street  to  center  line  of  Patee  avenue,  thence  southwest  on  center 
line  of  Patee  avenue  to  center  line  of  Seneca  street,  thence  west 
on  center  line  of  Seneca  street  to  center  line  of  alley  dividing 
blocks  81  and  88,  Patee's  addition,  being  the  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  57]. 

Sec.  1197.  Sewer  district  No.  36. — There  is  hereby  establish- 
ed in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as  sewer 
district  No.  36,  bounded  as  follows,  to  wit :  Commencing  at  the 
intersection  of  the  center  line  of  IMessanie  street  with  the  center 
line  of  Nineteenth  street,  thence  south  on  the  center  line  of  Nine- 
teenth street  to  the  center  line  of  Olive  street,  thence  east  on  the 
center  line  of  Olive  street  to  a  point  opposite  the  center  line  of 
block  8,  Hall's  Second  addition,  thence  north  on  the  center  line 
of  said  block  8  produced  to  the  center  of  the  north  line  of  lot  14, 
block  3,  Hall's  Second  addition,  thence  east  on  the  north  line  of 
said  lot  14  to  the  center  of  lot  13  in  same  block,  thence  noi-th  on 
the  center  line  of  lots  13,  12,  11  and  10  of  same  block,  to  the  north 
line  of  said  lot  10,  thence  west  on  the  north  line  of  said  lot  10  to 
the  east  line  of  Warsaw  avenue,  thence  north  on  the  east  line  of 
Warsaw  avenue  produced  to  the  center  line  of  Messanie  street, 
thence  west  on  the  center  line  of  Messanie  street  to  the  center  line 
of  Nineteenth  street,  the  point  of  beginning.  [R.  0.  1897,  Chap. 
70,  Sec.  58]. 


SEWERS.  ()G3 

Sec.  119S.  Sewer  district  No.  37. — There  is  hereby  estab- 
lished in  the  city  of  St.  Josepli  a  sewer  district  to  be  known  as 
sewer  district  No.  37,  bounded  as  follows,  to  wit:  Beginning  at 
the  intersection  of  the  center  line  of  Fifteenth  street  with  the  cen- 
ter line  of  Locust  street,  thence  northwest  to  the  southeast  corner 
of  lot  1-i,  block  6,  Stewart's  addition,  thence  west  on  the  south 
line  of  said  lot  14  to  its  southwest  corner,  thence  north  on  the  east 
line  of  the  alley  in  block  6,  Stewart's  addition,  to  a  point  opposite 
the  south  line  of  lot  7,  in  block  6,  just  aforesaid,  thence  west  on 
the  south  line  of  said  lot  7  to  the  center  line  of  Fourteenth  street, 
thence  north  to  a  point  opposite  the  south  line  of  lot  12,  block  7, 
Stewart's  addition,  thence  west  on  the  south  line  of  said  lot  12  to 
the  center  line  of  the  alley  in  block  7,  just  aforesaid,  thence  north 
to  the  center  line  of  ^Nlessanie  street,  thence  west  on  the  center 
line  of  Twelfth  street,  thence  north  to  the  center  line  of  Angelique 
street,  thence  east  to  the  center  line  of  Fifteenth  street,  thence 
north  to  the  center  line  of  Sylvanie  street,  thence  east  to  the  cen- 
ter line  of  the  alley  between  Fifteenth  and  Sixteenth  streets, 
thence  north  to  the  center  line  of  Charles  street,  thence  west  to  a 
point  opposite  the  west  line  of  lot  3,  block  22,  Carter's  addition, 
thence  north  on  the  west  line  of  lots  3,  4  and  5  of  said  block  22, 
to  the  north  line  of  lot  5,  thence  east  along  its  north  line  and  the 
north  line  of  lots  3  and  8,  block  21,  Carter's  addition,  to  the  center 
line  of  Seventeenth  street,  thence  south  to  the  center  line  of  Syl- 
vanie street,  thence  east  to  the  center  line  of  Nineteenth  street, 
thence  south  to  the  center  line  of  the  alley  first  south  of  Messanie 
street,  thence  west  to  the  center  line  of  Eighteenth  street,  thence 
north  to  the  center  line  of  Messanie  street,  thence  west  to  the 
center  line  of  Seventeenth  street  south,  thence  southwest  to  the 
southwest  corner  of  Seventeenth  street,  thence  west  along  the 
south  line  of  Messanie  street  to  the  alley  between  Sixteenth  and 
Seventeenth  streets,  thence  northw^est  to  the  intersection  of  the 
center  line  of  said  alley  with  the  center  line  of  Messanie  street, 
thence  southwest  to  the  southwest  corner  of  said  alley,  thence 
west  along  the  south  line  of  Messanie  street  to  Sixteenth  street, 
thence  northwest  to  the  intersection  of  the  center  lines  of  Six- 
teenth and  Messanie  streets,  thence  southwest  to  the  southwest 
corner  of  Sixteenth  street,  thence  west  on  the  south  line  of  Mes- 
sanie street  to  the  alley  between  Fifteenth  and  Sixteenth  streets, 
thence  northwest  to  the  intersection  of  the  center  line  of  said  alley 


664  REVISED  ORDINANCES.  CHAP.  LI. 

with  the  center  line  of  Messanie  street,  thence  southwest  to  the 
southwest  corner  of  said  alley,  thence  west  on  the  south  line  of 
Messanie  street  to  the  east  line  of  Fifteenth  street,  thence  south  to 
the  north  line  of  Locust  street,  thence  southwest  to  the  point  of 
beginning.      [R.  0.  1897,  Chap.  70,  Sec.  59]. 

Sec.  1199.  Sewer  district  No.  38. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  38,  bounded  as  follows,  to  wit :  Commencing 
at  the  intersection  of  the  center  line  of  Nineteenth  street  with 
the  center  line  of  Sylvanie  street,  thence  Avest  on  the  center  line 
of  Sylvanie  street  to  a  point  opposite  the  center  line  of  block  25, 
Harris'  addition,  thence  north  on  the  center  line  of  blocks  25,  24, 
17  and  16,  Harris '  addition,  produced  to  the  center  line  of  Francis 
street,  thence  east  on  the  center  line  of  Francis  street  to  a  point 
opposite  the  center  line  of  block  15,  Harris'  addition,  thence  south 
on  the  center  line  produced  of  blocks  15,  18  and  23,  Harris'  addi- 
tion, to  a  point  opposite  the  north  line  of  lot  7,  block  23,  Harris' 
addition,  thence  east  on  the  north  line  of  said  lot  7  produced  to 
the  center  line  of  Twentieth  street,  thence  south  on  the  center 
line  of  Twentieth  street  to  the  center  line  of  Messanie  street, 
thence  west  on  the  center  line  of  Messanie  street  to  the  center  line 
of  Nineteenth  street,  thence  north  on  the  center  line  of  Nineteenth 
street  to  the  center  line  of  Sylvanie  street,  the  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  60]. 

Sec.  1200.  Sewer  district  No.  39. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  39,  bounded  as  follows,  to  Avit:  Commencing 
at  the  intersection  of  the  center  line  of  Seventeenth  street  with 
the  center  line  of  Sylvanie  street,  thence  north  on  the  center  line 
of  Seventeenth  street  to  a  point  opposite  the  north  line  of  lot  5, 
block  19,  Carter's  addition,  thence  east  on  the  north  line  pro- 
duced of  said  lot  5  to  the  center  line  of  north  and  south  alley 
through  block  19,  Carter's  addition,  thence  north  on  center  line 
of  said  alley  to  center  line  of  Felix  street,  thence  east  on  center 
line  of  Felix  street  to  a  point  opposite  the  west  line  of  lot  7,  block 
13,  Carter's  addition,  thence  north  on  the  west  line  produced  of 
said  lot  7  to  the  north  line  of  east  and  west  alley  in  block  13,  Car- 
ter's addition,  thence  east  along  the  south  line  of  said  alley  pro- 
duced to  center  line  of  Eighteenth  street,  thence  north  on  center 


SEWERS  GO  5 

line  of  Eighteenth  street  to  a  point  opposite  the  north  line  of  lot 
3,  block  16,  Harris'  addition,  thence  east  on  the  north  line  pro- 
duced of  said  lot  3  to  the  center  line  of  block  16,  Harris'  addition, 
thence  south  on  the  center  line  of  blocks  16,  17,  2-1  and  25,  Harris' 
addition,  produced  to  center  line  of  Sylvanie  street,  thence  ^Yest 
on  center  line  of  Sylvanie  street  to  the  center  line  of  Seventeenth 
street,  the  point  of  beginning.     [R.  0.  1897,  Chap.  70,  Sec.  61]. 

Sec.  1201.  Sewer  district  No.  40. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  40,  bounded  as  follows,  to  wit :  Commencing 
at  the  intersection  of  the  center  line  of  Isabelle  street  with  the 
center  line  of  alley  through  block  55,  Robidoux  addition,  thence 
west  along  the  center  line  of  Isabelle  street  to  the  center  of  Levee 
street,  thence  north  along  the  center  line  of  Levee  street  to  the 
south  line  of  St.  Joseph  Extension  addition,  thence  westerly  along 
the  south  line  of  said  addition  to  center  line  of  alley  through 
blocks  1  and  8,  addition  last  aforesaid,  thence  north  along  the 
center  line  of  said  alley  to  center  line  of  Linn  street,  thence  east 
along  the  center  line  of  Linn  street  to  the  center  line  of  Main 
street,  thence  south  along  the  center  line  of  Main  street  to  the  cen- 
ter line  of  Cherry  street,  thence  east  on  the  center  line  of  Cherry 
street  to  the  center  line  of  the  alley  in  block  4,  St.  Joseph  Exten- 
sion addition,  and  block  62,  Robidoux  addition,  thence  south  along 
the  center  line  of  said  alley  to  the  center  line  of  Isabelle  street, 
the  point  of  beginning.     [R.  O.  1897,  Chap.  70,  Sec.  62] . 

Sec.  1202.  Sewer  district  No.  41. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  41,  bounded  as  follows,  to  wit:  Commencing 
at  the  center  of  Louis  street  on  the  center  line  of  Second  street, 
thence  north  on  Second  street  to  the  center  line  of  Franklin 
street,  thence  east  on  Franklin  street  to  the  center  line  of  Fourth 
street,  thence  south  on  Fourth  street  to  the  center  line  of  Louis 
street,  thence  west  on  Louis  street  to  the  center  line  of  Second 
street,  the  point  of  beginning.     [R.  0.  1897,  Chap.  70,  Sec.  63]. 

Sec.  1203.  Sewer  district  No.  42. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  42,  bounded  as  follows,  to  wit:  Commencing 
at  the  intersection  of  the  center  lines  of  Main  and  Antoine  streets. 


666  REVISED  ORDINANCES.  CHAP.  LI. 

thence  north  on  Main  street  to  the  center  line  of  Franklin  street, 
thence  east  on  Franklin  street  to  the  center  line  of  Second  street, 
thence  south  on  Second  street  to  the  center  line  of  Antoine  street, 
thence  west  on  Antoine  street  to  the  center  line  of  Main  street, 
the  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  64]. 

Sec.  1204.  Sewer  district  No.  43. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  43,  bounded  as  follows,  to  wit:  Beginning  at 
intersection  of  center  lines  of  Short  and  Isabelle  streets,  thence 
north  on  center  line  of  Short  street  to  center  line  of  Albemarle 
street,  thence  westerly  on  center  line  of  Albemarle  street  to  cen- 
ter line  of  Third  street,  thence  north  on  center  line  of  Third 
street  to  a  point  opposite  the  north  line  of  lot  11,  block  4,  St. 
Joseph  Extension  addition,  thence  west  on  the  north  line  of  said 
lot  11  produced  to  center  line  of  alley  dividing  said  block  4, 
thence  south  on  center  line  of  said  alley  to  north  line  of  Robidoux 
addition,  thence  westerly  on  north  line  of  Robidoux  addition  to 
center  line  of  alley  running  north  and  south  through  blocks  62 
and  55,  Robidoux  addition,  thence  south  on  the  center  line  of  said 
alley  to  the  center  line  of  Isabelle  street,  thence  east  on  center 
line  of  Isabelle  street  to  center  line  of  Short  street,  the  point  of 
beginning.      [R.  0.  1897,  Chap.  70,  Sec.  65]. 

Sec.  1205.  Sewer  district  No.  44, — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  44,  bounded  as  follows,  to  wit :  Commencing 
at  the  intersection  of  the  center  lines  of  Third  and  Linn  streets, 
thence  north  on  the  center  line  of  Third  street  to  the  center  line 
of  Highland  avenue,  thence  west  on  the  center  line  of  Highland 
avenue  to  the  center  line  of  Second  street,  thence  south  on  the  cen- 
ter line  of  Second  street  to  the  center  line  of  Linn  street,  thence 
east  on  the  center  line  of  Linn  street  to  the  center  line  of  Third 
street  to  the  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec,  66], 

Sec.  1206.  Sewer  district  No.  45.— There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  45,  bounded  as  follows,  to  wit :  Commencing 
at  the  intersection  of  the  center  lines  of  Third  and  Albemarle 
streets,  thence  north  on  center  line  of  Third  street  to  a  point  op- 
posite the  north  line  of  lot  11,  block  4,  St.  Joseph  Extension  addi- 


SEWERS.  667 

tion,  thence  west  on  the  north  line  of  said  lot  11,  produced  to  the 
center  line  of  the  north  and  south  alley  dividing  block  4  aforesaid, 
thence  north  on  center  line  of  said  alley  to  center  line  of  Cherry 
street,  thence  west  on  center  line  of  Cherry  street  to  center  line 
of  ]\Iain  street,  thence  north  on  center  line  of  Main  street  to  cen- 
ter line  of  Linn  street,  thence  east  on  center  line  of  Linn  street  to 
center  line  of  Middleton  street,  thence  southeast  on  center  line  of 
Middleton  street  to  the  center  line  of  Albemarle  street,  thence 
westerly  on  the  center  line  of  Albemarle  street  to  the  center  line 
of  Thii'd  street,  the  point  of  beginning.  [R.  0.  1897,  Chap.  70, 
Sec.  67]. 

Sec.  1207.  Sewer  district  No.  46. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  46,  bounded  as  follows,  to  wit:  Beginning  on 
the  center  line  of  Patee  avenue  opposite  the  dividing  line  between 
lots  3  and  4,  block  90,  Patee 's  addition,  thence  southeasterly  with 
said  dividing  line  to  the  center  line  of  Lafayette  street,  thence 
east  on  Lafayette  street  to  a  point  opposite  the  east  line  of  Rost's 
addition,  thence  south  on  the  east  line  of  Rost's  addition  to  the 
center  of  Seneca  street,  thence  in  a  straight  line  to  the  intersection 
of  the  center  lines  of  Twenty-sixth  and  Seneca  streets,  thence 
north  on  Twenty-sixth  street  to  the  center  line  of  the  alley  be- 
tween Olive  and  Lafayette  streets,  thence  west  on  the  center  line 
of  said  alley  to  a  point  opposite  the  west  line  of  lot  7,  block  1, 
Hermann's  addition,  thence  north  on  the  west  line  of  lot  7  pro- 
duced to  the  center  line  of  Olive  street,  thence  west  on  the  center 
line  of  Olive  street  to  the  center  line  of  Twenty-fourth  street, 
thence  north  on  Twenty-fourth  street  to  a  point  opposite  the 
north  line  of  lot  15,  block  5,  Hermann's  addition,  thence  west  on 
the  north  line  of  said  lot  15  and  the  north  line  of  lot  14,  block  2, 
Hall's  Third  addition,  produced  to  the  center  line  of  the  north 
and  south  alley  through  block  2  of  Hall's  Third  addition  and  block 
5,  Hermann's  addition,  thence  along  the  center  line  of  said  alley 
to  the  north  line  of  Hermann  avenue,  thence  southwesterly  along 
the  north  line  of  Hermann  avenue  to  the  center  line  of  Twenty-sec- 
ond street,  thence  north  on  the  center  line  of  Twenty-second  street 
to  the  center  line  of  Patee  avenue,  thence  southwest  on  the  center 
line  of  Patee  avenue  to  the  point  of  beginning.  [R.  0.  1897,  Chap. 
70,  Sec.  68]. 


668  REVISED  ORDINANCES.  CHAP.  LI. 

Sec.  1208.  Sewer  district  No.  47. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  knowu  as 
sewer  district  No.  47,  to  be  bounded  as  follows,  to  wit :  Begin- 
ning at  the  intersection  of  the  center  lines  of  Twenty-sixth  street 
and  the  alley  between  Lafayette  and  Olive  streets,  thence  south 
on  Twenty-sixth  street  to  the  center  line  of  the  alley  between  Sen- 
eca and  Penn  streets,  thence  east  on  said  alley  to  the  eastern  lim- 
its of  the  city,  thence  north  along  said  limits  to  the  center  line  of 
the  alley  between  Lafayette  and  Olive  streets,  thence  west  on 
said  alley  to  the  center  line  of  Twenty-sixth  street,  the  point  of 
beginning. '    [R.  0.  1897,  Chap.  70,  Sec.  69]. 

Sec.  1209.  Sewer  district  No.  48. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sew^er  district  to  be  known  as 
sewer  district  No.  48,  bounded  as  follows,  to  wit:  Beginning  at 
the  intersection  of  the  center  lines  of  Short  and  Isabelle  streets, 
thence  north  on  the  center  line  of  Short  street  to  the  center  line  of 
Albemarle  street,  thence  east  on  the  center  line  of  Albemarle 
street  to  the  center  line  of  Middleton  street,  thence  in  a  straight 
line  to  the  southwest  corner  of  lot  2,  block  71,  St.  Joseph  Exten- 
sion addition,  thence  easterly  along  the  north  line  of  Albemarle 
street  to  the  east  line  of  Ninth  street  and  continuing  easterly 
along  the  same  line  produced  to  the  east  line  of  Tenth  street, 
thence  south  on  the  east  line  of  Tenth  street  to  the  south  line  of 
Lincoln  street,  thence  west  on  the  south  line  of  Lincoln  street  to 
the  east  line  of  Ninth  street,  thence  south  on  the  east  line  of  Ninth 
street  to  a  point  opposite  the  east  and  west  alley  through  block  8, 
St.  Joseph  Improvement  addition,  thence  west  along  said  alley 
and  the  east  and  west  alley,  block  7,  addition  just  aforesaid,  to 
the  north  and  south  alley  through  said  block  7,  thence  north  on 
said  alley  to  Lincoln  street,  thence  east  on  Lincoln  street  to  Sixth 
street,  thence  north  on  Sixth  street  to  Isabelle  street,  thence  west 
on  Isabelle  street  to  Short  street,  the  point  of  beginning.  [R.  0. 
1897,  Chap.  70,  Sec.  70] . 

Sec.  1210.  Sewer  district  No.  49. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  49,  to  be  bounded  as  follows,  to  wit:  Begin- 
ning at  the  east  bank  of  the  Missouri  river  on  the  center  line  of 
Jules  street,  thence  east  along  the  center  line  of  Jules  street  to 


SEWERS.  009 

the  east  line  of  Levee  street,  thence  north  along  the  east  line  of 
Levee  street  to  the  south  line  of  Isidore  street,  thence  east  along 
the  south  line  of  Isidore  street  to  the  center  line  of  Main  street, 
thence  north  along  the  center  line  of  Main  street  to  the  center 
line  of  Franklin  street,  thence  west  along  the  center  line  of  Frank- 
lin street  to  the  east  line  of  Levee  street,  thence  south  along  the 
east  line  of  Levee  street  to  the  south  line  of  lot  4,  block  23,  Robi- 
doux  addition,  thence  west  and  along  the  north  line  of  lot  10, 
block  22,  Robidoux  addition,  to  the  east  line  of  the  alley  dividing 
said  block  22,  thence  north  along  the  east  line  of  said  alley  to  the 
center  line  of  Michel  street,  thence  west  along  the  center  line  of 
Michel  street  to  the  center  line  of  the  alley  between  Water  and 
Bellevue  streets,  thence  south  along  the  center  line  of  said  alley  to 
the  center  line  of  Antoine  street,  thence  east  along  the  center 
line  of  Antoine  street  to  the  center  line  of  Water  street,  thence 
south  along  the  center  line  of  Water  street  to  the  east  bank  of 
the  Missouri  river,  thence  southeasterly  along  the  east  bank  of 
the  Missouri  river  to  the  center  line  of  Jules  street,  the  point  of 
beginning.     [R.  0.  1897,  Chap.  70,  Sec.  71]. 

Sec.  1211.  Sewer  district  No.  50. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  50,  bounded  as  follows,  to  wit:  Commencing 
at  the  intersection  of  Linn  and  Second  streets,  thence  west  along 
Linn  street  to  the  alley  between  Levee  and  Water  streets,  thence 
north  along  the  alley  between  Water  and  Levee  streets  to  St.  Paul 
street,  thence  east  along  St.  Paul  street  to  the  alley  between  Levee 
and  Main  streets,  thence  south  along  the  alley  between  Levee  and 
Main  streets  to  Market  street,  thence  east  along  Market  street  to 
Second  street,  thence  south  along  Second  street  to  Linn  street, 
the  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  72]. 

Sec.  1212.  Sewer  district  No.  51.— There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  51,  bounded  as  follows,  to  wit:  Commencing 
at  the  intersection  of  Third  and  Middleton  streets,  thence  north 
along  Third  street  to  Dolman  street,  thence  east  along  Dolman 
street  to  Fourth  street,  thence  south  along  Fourth  street  to  the 
south  line  of  St.  Paul  street,  thence  east  along  the  south  line  of 
St.  Paul  street  to  Washington  avenue,  thence  southeast  along 


670  EEVISED  ORDINANCES.  CHAP.  LI. 

"VYoodson  street  to  the  alley  between  Washington  and  Savannah 
avenues,  thence  northeast  along  said  alley  to  Jefferson  street, 
thence  southeast  along  Jefferson  street  to  Savannah  avenue ; 
thence  northeast  along  Savannah  avenue  to  a  point  half 
way  between  Jeft'erson  and  Fillmore  streets,  thence  southeast 
along  a  line  half  way  between  Jefferson  and  FJUmore  streets 
to  Blacksnake  creek,  thence  southerly  along  the  meander- 
ings  of  said  creek  to  Middleton  street,  thence  northwest  along 
Middleton  street  to  Third  street,  the  point  of  beginning.  [R.  0. 
1897,  Chap.  70,  Sec.  73]. 

Sec.  1213.  Sewer  district  No.  52. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  52,  bounded  as  follows,  to  wit :  Commencing 
at  Blacksnake  creek  on  the  south  line  of  block  1,  Finger's  addi- 
tion, thence  east  along  said  south  line  to  the  west  line  of  lot  7, 
block  65,  St.  Joseph  Extension  addition,  thence  south  along  said 
line  and  the  west  line  of  lot  9,  block  66,  addition  just  aforesaid, 
to  the  middle  of  lot  9,  thence  east  along  the  south  line  of  the  north 
half  of  lots  9  and  10,  block  last  aforesaid,  to  the  east  line  of  lot  10, 
thence  south  along  the  east  line  of  lot  10  to  the  center  line  of 
Woodson  street,  thence  east  along  the  center  line  of  Woodson 
street  to  the  west  line  of  lot  2-1,  block  67,  St.  Joseph  Extension 
addition,  thence  south  along  the  west  line  of  lot  24  to  the  alley 
through  said  block,  thence  east  along  said  alley  to  the  west  line  of 
lot  19,  in  the  same  block,  thence  south  along  the  west  line  of  said 
lot  19  and  the  west  line  of  lots  23  and  20,  block  68,  addition  last 
aforesaid,  to  the  center  line  of  Fendleton  street,  thence  east  to  the 
center  line  of  Tenth  street,  thence  south  to  the  alley  between 
Lincoln  and  Powell  streets,  thence  east  along  said  alley  to  the 
west  line  of  Thirteenth  street,  thence  in  a  straight  line  to  the 
southwest  corner  of  lot  6,  block  5,  Rogers'  Second  addition,  thence 
east  along  the  south  line  of  said  lot  6  to  the  east  line  of  said  addi- 
tion, thence  north  along  the  east  line  of  said  addition  to  Highly 
street,  thence  west  on  Highly  street  to  Thirteenth  street,  thence 
north  on  Thirteenth  streeet  to  Heuschle  avenue  (or  the  east  fork 
of  Blacksnake  creek),  thence  westerly  on  Heuschle  avenue  to 
Twelfth  street,  thence  north  on  Twelfth  street  to  Grand  avenue, 
thence  west  along  Grand  avenue  to  Blacksnake  creek,  thence 
south  along  Blacksnake  creek  to  the  point  of  beginning.  [R.  0. 
1897,  Chap.  70,  Sec.  74]. 


SEWERS.  671 

Sec.  1214.  Sewer  district  No.  53. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  53,  to  be  bounded  as  follows,  to  wit :  Begin- 
ning ou  the  center  line  of  Mitchell  avenue  at  the  east  line  of  the 
alley  between  Eleventh  and  Twelfth  streets,  thence  south  on  said 
alley  to  the  center  line  of  Monterey  street,  thence  east  on  Monte- 
rey street  to  the  west  line  of  Thirteenth  street,  thence  south  along 
the  west  line  of  Thirteenth  street  to  the  line  between  lots  9  and 
10,  block  2,  Goodlive's  addition,  thence  east  along  said  division 
line  to  the  west  line  of  Fourteenth  street,  thence  south  along  Four- 
teenth street  to  the  south  line  of  lot  1,  block  1,  R.  W.  Donnell  addi- 
tion, thence  east  along  said  south  line  to  the  west  line  of  lot  5  of 
same  block  and  addition,  thence  south  along  the  west  line  of  said 
lot  5  to  the  south  line  of  said  lot,  thence  east  along  said  south  line 
to  the  center  line  of  Sixteenth  street,  thence  north  along  Sixteenth 
street  to  the  north  line  of  Duncan  street,  thence  west  along  Dun- 
can street  to  the  east  line  of  the  north  and  south  alley  through 
block  55,  Patee's  addition,  thence  north  along  said  alley  to  the 
center  line  of  Sacramento  street,  thence  east  along  Sacramerto 
street  to  the  center  line  of  Sixteenth  street,  thence  north  aloni;: 
Sixteenth  street  to  the  center  line  of  Mitchell  avenue,  thence  wes^" 
along  Mitchell  avenue  to  the  alley  between  Eleventh  and  Twelfth 
streets,  the  point  of  beginning.      [E.  0.  1897,  Chap.  70,  Sec.  75] . 

Sec.  1215.  Sewer  district  No.  54. — There  is  hereby  estab- 
lished in  the  city  of-  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  54,  bounded  as  follows,  to  wit:  Commencing 
on  the  south  line  of  ]\Iitehell  avenue  at  the  center  line  of  Sixteen  In 
street,  thence  east  on  the  south  line  of  Mitchell  avenue  to  the 
west  line  of  the  alley  between  Sixteenth  and  Seventeenth  streets, 
thence  south  on  said  west  line  to  the  line  between  lots  17  and  13, 
block  57,  Patee's  addition,  thence  east  on  said  division  line  and  the 
line  between  lots  5  and  6,  and  between  lots  17  and  18,  block  58, 
and  between  lots  5  and  6,  block  59,  Patee's  addition,  to  the  we'=;t 
line  of  the  alley  between  Eighteenth  and  Nineteenth  streets, 
thence  south  to  the  line  between  lots  19  and  20,  of  block  59,  afore- 
said, thence  east  on  said  division  line  to  the  west  line  of  Nine- 
teenth street,  thence  south  on  the  west  line  of  Nineteenth  street 
to  a  point  opposite  the  line  dividing  lots  1  and  2,  of  block  60,  Pa- 
tee's addition,  thence  east  along  said  division  line  to  the  west  line 


672  REVISED  ORDINANCES.  CHAP.  LI. 

of  the  alley  between  Nineteenth  and  Twentieth  streets,  thence 
south  to  the  north  line  of  Sacramento  street,  thence  east  to  the 
west  line  of  Twentieth  street,  thence  south  to  the  center  line  of 
Monterey  street,  thence  east  to  a  point  one  hundred  and  twenty 
feet  east  of  Twentieth  street,  thence  south  and  parallel  with 
Tw^entieth  street  to  the  center  line  of  Duncan  street,  thence  west 
on  Duncan  street  to  the  center  line  of  Twentieth  street,  thence 
south  on  Twentieth  street  to  the  center  line  of  Doniphan  avenue, 
thence  west  along  the  center  line  of  Doniphan  avenue  to  a  point 
one  hundred  and  seventy  feet  west  of  the  west  line  of  Donnell 
Park  addition,  thence  north  one  hundred  and  sixty  feet,  thence 
west  and  parallel  with  Duncan  street  eight  hundred  and  ten  feet, 
thence  south  two  hundred  and  sixty-five  feet,  thence  west  to  the 
center  line  of  Sixteenth  street,  thence  north  along  Sixteenth  street 
to  the  north  line  of  Duncan  street,  thence  west  along  Duncan 
street  to  the  east  line  of  the  north  and  south  alley  through  block 
55,  Patee's  addition,  thence  north  along  said  alley  to  the  center 
line  of  Sacramento  street,  thence  east  along  Sacramento  street  to 
the  center  line  of  Sixteenth  street,  thence  north  along  Sixteenth 
street  to  the  south  line  of  Mitchell  avenue,  the  point  of  beginning. 
[R.  0.  1897,  Chap.  70,  Sec.  76]. 

Sec.  1216.  Sewer  district  No.  55. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  55,  bounded  as  follows,  to  wit :  Commencing 
on  the  center  line  of  Mitchell  avenue  at  the  west  line  of  the  alley 
through  block  29,  Patee's  addition,  thence  north  along  the  west 
line  of  said  alley  to  the  south  line  of  Penn  street,  thence  in  a 
straight  line  to  the  southwest  corner  of  lot  14,  block  24,  Patee's 
addition,  thence  north  along  the  west  line  of  lot  14  and  of  lots  9 
and  8  of  said  block  to  the  south  line  of  lot  6,  thence  north  on  the 
center  line  of  lots  6,  5,  4,  3,  and  the  line  between  the  lots  19  and 
20  of  said  block  24,  and  farther  north  on  the  center  line  of  lot  3 
of  Cowan's  subdivision  in  said  block  24  to  the  south  line  of  Olive 
street,  thence  in  a  straight  line  across  Olive  street  to  the  center  of 
block  6,  Patee's  addition,  thence  along  the  center  line  of  lot  10  of 
said  block  6  to  its  north  line,  being  the  north  line  of  lots  3,  2  and 
1  of  B.  Patton's  subdivision  of  said  lot  10,  thence  east  along  said 
north  line  to  the  center  line  of  Fourteenth  street,  thence  in  a 
straight  line  to  the  northwest  corner  of  lot  9,  block  4,  Stewart's 


SEWERS.  673 

addition,  thence  east  along  the  south  line  of  the  alley  running 
east  and  west  through  said  block  4  to  the  center  line  of  Fifteenth 
street,  thence  south  to  the  center  line  of  Olive  street,  thence  east 
along  the  center  line  of  Olive  street  to  the  center  line  of  alley 
through  blocks  88  and  81,  Patee's  addition,  thence  south  along  the 
center  line  of  said  alley  to  the  center  line  of  Seneca  street,  thence 
east  along  the  center  line  of  Seneca  street  to  the  center  line  of 
Patee  avenue,  thence  southw^est  along  the  center  line  of  Patee 
avenue  to  the  center  line  of  Penn  street,  thence  west  along  the 
center  line  of  Penn  street  to  the  east  line  of  alley  between  Six- 
teenth and  Seventeenth  streets,  thence  south  along  the  east  line 
of  said  alley  to  the  south  line  of  lot  5,  block  66,  Patee's  addition, 
thence  west  along  the  south  line  of  said  lot  5  to  the  east  line  of 
Sixteenth  street,  thence  south  to  the  south  line  of  lot  4  of  said 
block  66,  thence  west  to  the  west  line  of  Sixteenth  street,  thence 
south  twenty-two  and  one-half  feet,  thence  southwest  in  a  straight 
line  to  the  southwest  corner  of  lot  13,  block  67,  Patee's  addition, 
thence  west  to  the  southeast  corner  of  lot  2,  block  67,  Patee 's  addi- 
tion, thence  southwest  in  a  straight  line  to  the  southwest  corner 
of  lot  1  in  said  block,  thence  southwest  to  the  center  line  of 
Mitchell  avenue,  thence  westerly  along  the  center  line  of  Mitch- 
ell avenue  to  the  west  line  of  the  alley  through  block  29,  Patee's 
addition,  being  the  place  of  beginning.  [R.  O.  1897,  Chap.  70, 
Sec.  77]. 

Se!'.  1217.  Sewer  district  No.  56. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  56,  to  be  bounded  as  follows :  Commencing  on 
the  center  line  of  Mitchell  avenue  at  the  west  line  of 
the  alley  through  block  29,  Patee's  addition,  thence  north  on 
said  west  line  of  alley  to  the  south  line  of  Penn  street,  thence  in  a 
straight  line  to  the  southeast  corner  of  lot  13,  block  24,  Patee's 
addition,  thence  along  east  line  of  said  lot  13  and  along  the  east 
line  of  lots  10  and  7  to  the  south  line  of  lot  6,  thence  north  along 
the  center  line  of  lots  6,  5  and  4  to  the  north  line  of  lot  4,  all  in 
block  24,  Patee's  addition,  thence  west  along  the  north  line  of  said 
lot  4  to  the  center  of  Thirteenth  street,  thence  north  to  center  of 
Lafayette  street,  thence  west  on  Lafayette  street  to  Twelfth 
street,  thence  north  on  Twelfth  street  to  the  line  dividing  lots  2 
and  3,  block  23,  Patee's  addition,  thence  west  on  said  line  and 

43 


674  REVISED  ORDINANCES.  CHAP.  LI. 

the  line  dividing  lots  2  and  3,  block  22,  Patee's  addition,  to  Elev- 
enth street,  thence  south  on  Eleventh  street  to  Lafayette  street, 
thence  west  on  Lafayette  street  to  the  center  line  of  Ninth  street, 
thence  south  on  Ninth  street  to  center  line  of  Mitchell  avenue, 
thence  west  on  Mitchell  avenue  to  point  of  beginning.  [R.  0. 
1897,Chap.  70,  Sec.  78] . 

Sec.  1218.  Sewer  district  No.  57. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  57,  to  be  bounded  as  follows,  to  wit :  Com- 
mencing on  the  center  line  of  Franklin  street  at  the  center  line  of 
the  alley  between  Third  and  Fourth  streets,  thence  north  on  the 
center  line  of  said  alley  to  the  center  line  of  Isabelle  street,  thence 
west  along  the  center  line  of  Isabelle  street  to  the  center  line  of 
Levee  street,  thence  south  on  the  center  line  of  Levee  street  to 
the  center  line  of  Franklin  street,  thence  east  on  the  center  line 
of  Franklin  street  to  the  center  line  of  alley  between  Third  and 
Fourth  streets,  the  point  of  beginning.  [R.  0.  1897,  Chap.  70, 
Sec.  79]. 

Sec.  1219.  Sewer  district  No.  58. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  58,  bounded  as  follows,  to  wit:  Beginning  on 
the  center  line  of  Twenty-sixth  street  at  the  center  line  of  the 
alley  between  Olive  and  Lafayette  streets,  thence  west  along  the 
center  line  of  said  alley  to  a  point  opposite  the  west  line  of  lot  7, 
block  1,  Hermann's  addition,  thence  north  on  the  west  line  of  said 
lot  7  produced  to  the  center  line  of  Olive  street,  thence  west  on 
the  center  line  of  Olive  street  to  the  center  of  Twenty-fourth 
street,  thence  north  along  the  center  line  of  Twenty-fourth  street 
to  a  point  opposite  the  south  line  of  lot  14,  block  5,  Hermann's 
addition,  thence  west  on  the  south  line  of  said  lot  14  and  the 
south  line  of  lot  13,  block  2,  Hall's  Third  addition,  to  the  center 
line  of  the  alley  through  said  block  2  and  through  block  5,  Her- 
mann's addition,  thence  north  along  fhe  center  line  of  said  alley 
to  the  north  line  of  Hermann  avenue,  thence  southwest  along 
the  north  line  of  said  avenue  to  the  center  line  of  Twenty-second 
street,  thence  north  along  the  center  line  of  Twenty-second  street 
to  the  center  line  of  Locust  street,  thence  east  along  the  center  line 
of  Locust  street  to  the  north  line  of  the  right-of-way  of  the  St. 
Joseph  and  Des  Moines  railroad  (now  known  as  the  C,  B.  &  Q. 


SEWERS.  675 

railroad),  thence  northeasterly  with  the  north  line  of  said  right- 
of-way  to  the  west  line  of  the  east  half  of  the  northeast  quarter 
of  section  16,  township  57,  range  35,  thence  north  along  said  line 
to  the  center  line  of  Messanie  street,  thence  east  along  the  center 
line  of  Messanie  street  to  the  east  line  of  section  16,  township  57, 
range  35,  thence  south  along  the  east  line  of  said  section  to  the 
center  line  of  the  alley  betAveen  Olive  and  Lafayette  streets,  thence 
west  along  the  center  line  of  said  alley  to  the  center  line  of 
Twenty-sixth  street,  the  point  of  beginning.  [R.  0.  1897,  Chap, 
70,  Sec.  80]. 

Sec.  1220.  Sewer  district  No.  59. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  59,  bounded  as  follows,  to  wdt :  Beginning  at 
the  intersection  of  the  center  lines  of  Fifteenth  and  Locust 
streets,  thence  northwest  to  the  southeast  corner  of  lot  14,  block 
6,  Stewart's  addition,  thence  w^est  on  the  south  line  of  said  lot  to 
its  southwest  corner,  being  the  east  line  of  the  alley  through  said 
block  6,  thence  north  on  the  east  line  of  said  alley  to  a  point  oppo- 
site the  north  line  of  lot  8  of  said  block  6,  thence  west  along  said 
north  of  lot  8  to  the  center  line  of  Fourteenth  street,  thence 
north  to  a  point  opposite  the  north  line  of  lot  11,  block  7,  Stew- 
art's addition,  thence  west  along  the  south  line  of  said  lot  11  to 
the  center  line  of  the  alley  through  block  7,  Stewart's  addition, 
thence  south  along  the  center  line  of  said  alley  to  the  north  line 
of  lot  7,  block  6,  Patee's  addition,  thence  in  a  straight  line  to  the 
center  of  the  south  line  of  lot  9,  block  6,  Patee's  addition,  which 
is  also  the  south  line  of  lot  4,  block  1,  B.  Patton's  subdivision 
of  said  lot  9,  thence  east  along  the  south  line  of  lot  4,  last  afore- 
said, to  the  center  line  of  Fourteenth  street,  thence  to  the  south- 
east corner  of  Fourteenth  street  and  the  east  and  west  alley 
through  block  4,  Stewart's  addition,  thence  east  along  the  south 
line  of  said  alley  to  the  center  line  of  Fifteenth  street,  thence 
south  to  the  center  line  of  Olive  street,  thence  east  to  the  center 
line  of  Seventeenth  street  north,  thence  north  to  the  center  line  of 
Messanie  street,  thence  southwest  to  the  northeast  corner  of  lot 
26,  block  1,  Mayer's  Third  addition,  thence  west  along  the  north 
line  of  said  lot  26  to  its  northwest  corner,  thence  northwest  to 
the  intersection  of  the  center  line  of  Messanie  street  with  the 
center  line  of  the  alley  through  block  1,  last  aforesaid,  thence 


676  REVISED  ORDINANCES.  CHAP.  LI. 

southwest  to  the  northeast  corner  of  lot  1,  block  1,  Mayer's  Third 
addition,  thence  west  on  the  north  line  of  said  lot  1  to  its  north- 
west corner,  thence  northwest  to  the  intersection  of  the  center 
lines  of  Sixteenth  and  Messanie  streets,  thence  southwest  to  the 
northeast  corner  of  lot  26,  block  1,  Stewart's  addition,  thence 
west  along  the  north  line  of  said  lot  26  to  its  northwest  corner, 
thence  northwest  to  the  intersection  of  the  center  line  of  Messanie 
street  with  the  center  line  of  the  alley  in  block  1,  Stewart's  addi- 
tion, thence  southwest  to  the  northeast  corner  of  lot  1,  block  1, 
Stewart's  addition,  thence  west  along  the  north  line  of  said  lot  1 
to  its  northwest  corner,  being  the  west  line  of  -Fifteenth  street, 
thence  south  to  the  north  line  of  Locust  street,  thence  southwest 
to  the  intersection  of  the  center  line  of  Fifteenth  street  and  Locust 
street,  the  point  of  beginning.      [R.  0.  1897,  Chap.  70,  Sec.  81]. 

Sec.  1221.  Sewer  district  No.  60. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph  a  sewer  district  to  be  known  as 
sewer  district  No.  60,  to  be  bounded  as  follows,  to  wit :  Begin- 
ning on  the  center  line  of  Mitchell  avenue  opposite  the  east  line 
of  the  alley  between  Elventh  and  Twelfth  streets,  thence  south 
along  the  east  line  of  said  alley  to  a  point  opposite  the  south  line 
of  lot  1,  block  30,  South  St.  Joseph  addition,  thence  west  along 
the  south  line  of  said  lot  1  and  the  south  line  of  lots  14  and  1, 
block  19,  lots  14  and  1,  block  14,  lots  14  and  1,  block  3,  and  of  lot 
1,  block  48,  all  in  South  St.  Joseph  addition,  to  the  west  line  of 
block  48  of  said  addition,  thence  north  on  the  west  line  of  said 
block  48  and  of  blocks  47  and  46  in  said  addition  to  the  center 
line  of  Mitchell  avenue,  thence  easterly  along  center  line  of 
Mitchell  avenue  to  the  point  of  beginning.  [R.  0.  1897,  Chap.  70, 
Sec.  82]. 

Sec.  1222.  Sewer  district  No.  61. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  sixty-one  (61), 
which  shall  be  bounded  as  follows,  to  wit:  Beginning  on  the  cen- 
ter line  of  Twenty-first  street  opposite  the  north  line  of  the  alley 
between  Faraon  and  Mulberry  streets,  thence  south  on  the  cen- 
ter line  of  Twenty-first  street  to  the  center  line  of  Faraon  street, 
thence  west  on  the  center  line  of  Faraon  street  to  the  center  line 
of  Twentieth  street,  thence  south  on  the  center  line  of  Twentieth 
street  to  the  center  line  of  Francis  street,  thence  west  on  the  cen- 


SEWERS.  677 

ter  line  of  Frauds  street  to  the  center  line  of  block  15,  Harris' 
addition,  thence  south  on  the  center  line  of  blocks  15,  18  and  23, 
Harris'  addition,  to  a  point  opposite  the  south  line  of  lot  6,  block 
23,  Harris'  addition,  thence  east  on  said  line  to  the  center  line  of 
Twentieth  street,  thence  south  on  the  center  line  of  Twentieth 
street  to  the  center  line  of  Charles  street,  thence  east  on  the 
center  line  of  Charles  street  to  a  point  opposite  the  east  line  of 
lot  14,  block  39,  Harris'  addition,  thence  north  on  the  east  line 
of  lots  14  and  9,  block  39,  and  lots  14  and  9,  block  38,  Harris'  addi- 
tion, to  the  south  line  of  Felix  street,  thence  west  on  the  south 
line  of  Felix  street  to  a  point  opposite  the  east  line  of  lot  7,  block 
37,  Harris'  addition,  thence  north  on  the  east  line  of  lot  7,  block 
37,  Harris'  addition,  and  the  east  line  of  lot  7,  block  !,  I^TcPonnld 
Place,  to  the  north  line  of  Francis  street,  thence  west  on  the 
north  line  of  Francis  street  to  the  east  line  of  lot  18,  block  3,  Mc- 
Donald Place,  thence  north  on  the  said  lot  line  to  the  north  line  of 
the  alley  between  Francis  and  Jules  streets,  thence  west  on  the 
north  line  of  said  alley  to  the  east  line  of  lot  2,  block  last  afore- 
said, thence  north  on  the  east  line  of  said  lot  2  to  the  south  line  of 
Jules  street,  thence  northwesterly  in  a  straight  line  to  the  center 
of  the  intersection  of  Twenty-second  and  Jules  streets,  thence 
northeasterly  in  a  straight  line  to  the  southeast  corner  of  lot  22, 
block  2,  McDonald  Place,  thence  north  on  the  east  line  of  said 
lot  to  its  northeast  corner,  thence  northwesterly  in  a  straight  line 
to  the  center  line  of  Twenty-second  street  where  intersected  by 
the  center  line  of  the  alley  between  Jules  and  Faraon  streets  pro- 
duced from  the  east,  thence  northeasterly  in  a  straight  line  to 
the  southeast  corner  of  lot  1,  block  last  aforesaid,  thence  north 
on  the  east  line  of  said  lot  to  its  northeast  corner,  thence  north- 
westerly in  a  straight  line  to  the  center  line  of  Twenty-second 
street  where  intersected  by  the  center  line  of  Faraon  street  pro- 
duced from  the  east,  thence  northeasterly  to  the  southeast  corner 
of  lot  1,  block  1,  IMeDonald  Place,  thence  north  along  the  east 
line  of  said  lot  to  its  northeast  corner,  thence  northwesterly  in  a 
straight  line  to  the  center  line  of  Twenty-second  street  where 
intersected  by  the  center  line  of  the  alley  between  Faraon  and 
Mulberry  streets,  thence  northwesterly  in  a  straight  line  to  the 
west  line  of  Twenty-second  street  where  intersected  by  the  north 
line  of  the  alley  last  aforesaid,  thence  west  along  the  north  line  of 
said  alley  to  the  east  line  of  the  alley  between  and  parallel  with 


678  REVISED  ORDINANCES.  CHAP,  LI 

Twenty-first  and  Twenty-second  streets,  thence  southwest  to 
the  point  where  the  center  line  of  the  alley  between  and  parallel 
with  Faraon  and  Mulberry  streets  intersects  the  center  line  of  the 
alley  last  aforesaid,  thence  northwesterly  in  a  straight  line  to 
west  line  of  the  alley  between  Twenty-first  and  Twenty-second 
streets  where  intersected  by  the  north  line  of  the  alley  between 
Faraon  and  Mulberry  streets,  thence  west  to  the  north  line  of 
last  named  alley  to  the  center  line  of  Twenty-first  street,  the 
place  of  beginning.     [G.  0.  No.  560,  Sec.  1]. 

Sec.  1223.  Sewer  district  No.  62. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Missouri,  a  sewer  district  to  be 
known  as  sewer  district  No.  sixty-two  (62),  bounded  as  follows, 
to  wit:  Beginning  at  the  center  of  the  intersection  of  Twenty- 
second  and  Clay  streets,  thence  north  on  Twenty-second  street  to 
the  north  line  of  lot  25,  block  13,  St.  Joseph  Eastern  Extension 
addition,  thence  east  on  the  north  line  of  said  lot  25  to  the  east 
line  of  the  alley  through  block  13,  thence  south  on  the  east  line 
of  said  alley  to  the  southwest  corner  of  lot  7,  block  21,  St.  Joseph 
Eastern  Extension  addition,  thence  due  southwest  to  the  south 
line  of  the  alley  lying  north  of  block  1,  McDonald  place,  thence 
west  on  the  south  line  of  said  alley  to  the  northeast  corner  of  lot 
1,  block  and  addition  last  aforesaid,  thence  northwesterly  to  the 
center  of  the  intersection  of  Twenty-second  street  with  the  alley 
lying  between  Faraon  and  Mulberry  streets,  thence  northwesterly 
to  the  southeast  corner  of  lot  6,  block  2,  Marney  place,  thence 
west  on  the  south  line  of  said  lot  6  to  its  southwest  corner,  thence 
southwest  to  the  center  of  the  intersection  of  the  alley  lying  be- 
tween Faraon  and  Mulberry  streets  with  the  alley  lying  between 
Twenty-first  and  Twenty-second  streets,  thence  northwest  to  the 
southeast  corner  of  lot  5,  block  2,  INIarney  Place,  thence  west  on 
the  south  line  of  said  lot  to  the  center  of  Twenty-first  street, 
thence  north  to  the  center  line  of  Mulberry  street,  thence  east 
to  the  west  line  of  lot  16,  Hedenberg's  (First)  addition,  thence 
north  on  the  west  line  of  said  lot  16  to  the  alley  north  of  Mul- 
berry street,  thence  east  to  the  west  line  of  lot  11,  Hedenberg's 
(First)  addition,  thence  north  on  the  west  line  of  said  lot  11  and 
of  lot  10,  in  the  same  addition,  to  the  alley  south  of  Clay  street, 
thence  east  to  the  west  line  of  lot  6,  addition  last  aforesaid,  thenc? 
north  on  the  west  line  of  said  lot  6  to  the  center  line  of  Clay 


SEWERS.  679 

street,  thence  east  to  the  point  of  beginning.      [G.  0.  No.  561, 
Sec.  1]. 

Sec.   122-4.     Sewer  district  No.  63. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  63,  bounded  as 
follows,  to  wit :     Beginning  at  the  center  line  of  Patee  avenue 
opposite  the  dividing  line  between  lots  3  and  4,  block  90,  Patee 's 
addition,  thence  southwest  along  the  center  line  of  Patee  avenue 
to  the  center  line  of  Penn  street,  thence  west  along  the  center  line 
of  Penn  street  to  the  east  line  of  the  alley  between  Sixteenth  and 
Seventeenth  streets,  thence  south  along  the  east  line  of  said  alley 
to  the  south  line  of  lot  5,  block  66,  Patee 's  addition,  thence  west 
along  the  south  line  of  said  lot  5  to  the  east  line  of  Sixteenth 
street,  thence  south  to  the  south  line  of  lot  4  of  said  block  66, 
thence  west  to  the  west  line  of  Sixteenth  street,  thence  south  22^/2 
feet,  thence  southwest  in  a  straight  line  to  the  southwest  corner 
of  lot  13,  block  67,  Patee 's  addition,  thence  west  to  the  southeast 
corner  of  lot  2,  block  67,  Pntee''s  addition,  thence  southwest  in  a 
straight  line  to  the  southwest  corner  of  lot  1,  in  said  block,  thence 
southwest  to  the  center  line  of  ^Mitchell  avenue,  thence  east  along 
the  center  line  of  Mitchell  avenue  to  the  center  line  of  Sixteenth 
street,  thence  south  to  the  south  line  of  Mitchell  avenue,  thence 
east  in  the  south  line  of  Mitchell  avenue  to  the  west  line  of  the  al- 
ley between  Sixteenth  and  Seventeenth  streets,  thence  south  in 
said  west  line  to  the  line  between  lots  17  and  18,  block  57,  Patee 
addition,  thence  east  in  said  division  line  and  the  line  between  lots 
5  and  6,  and  between  lots  17  and  18,  block  58,  and  between  lots  5 
and  6,  block  59,  Patee  addition,  to  the  west  line  of  the  alley  be- 
tween Eighteenth  and  Nineteenth  streets,  thence  south  to  the  line 
between  lots  19  and  20  of  block  59  aforesaid,  thence  east  in  said 
division  line  to  the  west  line  of  Nineteenth  street,  thence  south  in 
the  west  line  of  Nineteenth  street  to  a  point  opposite  the  line  di- 
viding lots  1  and  2,  of  block  60,  Patee  addition,  thence  east  along 
said  division  line  to  the  west  line  of  the  alley  between  Nineteenth 
and  Twentieth  streets,  thence  south  to  the  north  line  of  Sacra- 
mento street,  thence  east  to  the  west  line  of  Twentieth  street, 
thence  south  to  the  center  line  of  Monterey  street,  thence  east  to 
a  point  one  hundred  and  twenty  feet  east  of  the  east  line  of  Twen- 
tieth street,  thence  north  one  hundred  and  twenty  feet  east  of  and 
parallel  to  the  east  line  of  Twentieth  street  to  the  center  line  of 


680  REVISED  ORDINANCES.  CHAP.  LI. 

Mitclieli  avenue,  thence  west  fifteen  feet,  thence  north  to  the  line 
between  lots  4  and  5,  Evergreen  addition,  to  the  north  line  of  the 
alley  between  Mitchell  avenue  and  Penn  street,  thence  west  along 
the  north  line  of  said  alley  to  the  east  line  of  Twentieth  street, 
thence  north  along  the  east  line  of  Twentieth  street  to  the  north 
line  of  Penn  street,  thence  west  along  the  north  line  of  Penn  street 
to  the  east  line  of  Twentieth  street  north  from  Penn  street,  thence 
north  along  the  east  line  of  Twentieth  street  to  the  north  line  of 
Lafayette  street,  thence  west  to  the  southeast  corner  of  block  90, 
thence  northwest  between  lots  4  and  5,  block  90,  Patee  addition, 
to  place  of  beginning.      [G.  0.  No.  578,  Sec.  1]. 

Sec.  1225.  Sewer  district  No.  64. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Mo.,  a  sewer  district  to  be  known 
as  sewer  district  No.  64,  bounded  as  follows :  Commencing  at 
the  intersection  of  the  center  line  of  Ninth  street  and  the  center 
line  of  Pacific  street,  thence  west  on  the  center  line  of  Pacific 
street  to  the  center  of  Sixth  street,  thence  south  on  the  cen- 
ter line  of  Sixth  street  to  a  point  opposite  the  south  line  of  Hed- 
enberg's  (2nd)  addition,  thence  east  along  the  center  line  of  Hed- 
enberg's  (2nd)  addition  to  the  east  line  of  the  alley  in  block  2, 
Hedenberg's  (2nd)  addition,  thence  north  along  the  east  line  of 
said  alley  to  the  north  line  of  lot  1,  block  1,  the  Noble  tract,  thence 
east  along  the  north  line  of  said  lot  1,  Noble  tract,  to  the  center 
line  of  Ninth  street,  thence  north  along  the  center  line  of  Ninth 
street  to  the  point  of  beginning.      [G.  0.  No.  582,  Sec.  1]. 

Sec.  1226.  Sewer  district  No.  65. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  65,  bounded  as 
follows,  to  wit:  Commencing  at  the  southeast  corner  of  sewer 
district  No.  31,  thence  east  along  the  soutli  line  of  Union  street 
to  the  east  boundary  of  the  St.  Joseph  Extension  addition,  thence 
north  along  the  east  boundary  of  the  St.  Joseph  Extension  addi- 
tion to  the  center  of  Jones  street,  thence  west  along  the  center 
line  of  Jones  street  to  a  point  opposite  the  east  line  of  lot  14,  block 
1,  St.  Joseph  Extension  addition,  thence  north  on  the  line  between 
lots  13  and  14,  in  block  1,  St.  Joseph  Extension  addition,  to  the 
center  line  of  the  alley  in  said  block  1,  thence  west  along  the 
center  line  of  said  alley  to  the  center  of  Twenty-fifth  street,  thence 
south  along  the  center  line  of  Twenty-fifth  street  to  the  center  of 


SEWERS.  681 

Jones  street,  thence  west  along  the  center  line  of  Jones  street  to 
the  center  line  of  the  alley  between  Twenty-fourth  and  Twenty- 
fifth  streets,  thence  south  in  said  alley  to  the  point  of  beginning. 
[G.  0.  No.  595,  Sec.  1]. 

.  Sec.  1227.  Sewer  district  No.  66. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan,  state  of  Mis- 
souri, a  sewer  district  to  be  known  as  sewer  district  No.  66, 
bounded  and  described  as  follows,  to  wit:  Beginning  at  the  in- 
tersection of  the  north  line  of  Poulin  street  with  the  center  line 
of  Levee  street,  thence  north  along  the  center  line  of  Levee  street 
to  the  north  line  of  Robidoux  addition,  thence  west  along  the 
north  line  of  Robidoux  addition  to  the  west  line  of  Water  street, 
thence  west  along  the  north  line  of  Western  addition  to  the  west 
line  of  block  2  of  the  Western  addition,  thence  south  on  a  line 
with  the  west  line  of  block  2  of  the  Western  addition,  to  the  south 
line  of  Rosine  street,  thence  west  along  the  south  line  of  Rosine 
street  to  the  east  line  of  Elwood  street,  thence  south  along  the 
east  line  of  Elwood  street  to  the  southwest  corner  of  'lot  4,  block 
9,  Bellevue  addition,  thence  west  along  the  south  line  of  lot  9, 
block  22,  Bellevue  addition,  to  the  west  line  of  the  alley  between 
Elwood  and  Bellmont  streets,  thence  south  along  the  west  line 
of  said  alley  to  the  north  line  of  Poulin  street,  thence  east  along 
the  north  line  of  Poulin  street  to  the  point  of  beginning.  [G.  0. 
No.  596,  Sec.  1]. 

Sec.  1228.  Sewer  district  No.  67. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan,  and  state  of 
Missouri,  a  sewer  district  to  be  known  as  sewer  district  No.  sixty- 
seven  (67),  bounded  and  described  as  follows,  to  wit:  Beginning 
at  the  southwest  corner  of  Pinger's  addition,  thence  northerly 
along  the  west  line  of  Pinger's  addition  to  the  center  line  of 
Grand  avenue,  thence  easterly  along  the  center  line  of  Grand 
avenue  to  the  center  line  of  Tenth  street,  thence  north  along  the 
center  line  of  Tenth  street,  and  its  prolongation  north  to  the  east 
and  west  center  line  of  section  five  (5),  township  fifty-seven  (57), 
range  thirty-five  (35),  thence  west  along  the  center  line  of  said 
section  five  (5),  to  the  center  line  of  Second  street,  thence  south 
along  the  center  line  of  Second  street  to  the  center  line  of  High- 
land avenue,  thence  east  along  the  center  line  of  Highland  ave- 
nue to  the  center  line  of  Third  street,  thence  south  along  the  cen- 


682  REVISED  ORDINANCES.  CHAP.  LI. 

ter  line  of  Third  street  to  the  center  line  of  Dolman  street^  thence 
east  on  Dolman  street  to  the  center  line  of  Fourth  street,  thence 
south  along  the  center  line  of  Fourth  street  to  the  south  line  of  St. 
Paul  street,  thence  east  along  the  south  line  of  St.  Paul  street  to 
Washington  avenue,  thence  southeast  along  Woodson  street  to  the 
alley  between  Washington -and  Savannah  avenues,  thence  north- 
east along  said  alley  to  Jefferson  street,  thence  southeast  along 
Jefferson  street  to  Savannah  avenue,  thence  northeast  along 
Savannah  avenue  to  a  point  half  way  between  Jefferson  and  Fill- 
more streets,  thence  southeast  along  a  line  half  way  between  Jef- 
ferson and  Fillmore  streets  to  the  east  line  of  block  48,  St.  Joseph 
Extension  addition,  thence  northerly  along  the  east  line  of  block 
48,  St.  Joseph  Extension  addition  to  the  point  of  beginning.      [G. 

0.  No.  638,  Sec.  1]. 

Sec.  1229.  Sewer  district  No.  68. — There  is  hereby  estab- 
lished a  sewer  district  to  be  known  as  sewer  district  No.  68, 
bounded  as  follows:  Beginning  at  the  southwest  (S.  AV.)  corner 
of  lot  1,  block  8,  The  South  St.  Joseph  Town  Co.'s  Second  addi- 
tion, thence  northerly  along  the  westerly  line  of  lot  1,  block  8,  and 
lot  20,  block  1,  The  South  St.  Joseph  Town  Co.'s  Second  addition, 
to  the  south  line  of  Cherokee  street;  thence  east  along  the  south 
line  of  Cherokee  street  to  the  southerly  line  of  the  alley  in  block 

1,  The  South  St.  Joseph  Town  Co.'s  Second  addition,  thence 
easterly  along  the  southerly  line  of  said  alley  to  the  west  line  of 
Lake  avenue,  thence  easterly  to  the  intersection  of  the  east  line 
of  Lake  avenue  with  the  center  line  of  the  alley  in  blocks  2,  3  and 
4,  The  South  St.  Joseph  Town  Co.'s  Second  addition,  thence  east 
along  the  center  line  of  said  alley  to  the  west  line  of  King  Hill 
avenue,  thence  easterly  to  the  southwest  (S.  W.)  corner  of  lot  5, 
block  1,  King  Hill  Heights,  thence  east  along  the  south  line  of 
lot  5,  block  1,  lot  3,  block  2,  and  lot  3,  block  3,  King  Hill  Heights 
to  the  southeast  (S.  E.)  corner  of  said  lot  3,  thence  north  to  the 
northeast  (N.  E.)  corner  of  lot  1,  block  3,  King  Hill  Heights, 
thence  east  along  the  south  line  of  Cherokee  street  and  its  prolon- 
gation east  to  a  point  four  hundred  and  fifty  (450)  feet  east  of  the 
east  line  of  Morris  avenue,  thence  northerly  to  the  southwest  (S. 
W.)  corner  of  lot  29,  block  9,  Widman's  addition,  thence  north- 
erly along  the  west  line  of  lots  29  and  20,  block  9,  and  lot  27, 
block  6,  Widman's  addition  and  its  prolongation  north  to  the 


SEWERS.  683 

center  line  of  the  east  and  west  alley  in  block  6,  Widman's  addi- 
tion, thence  westerly  to  the  southeast  (S.  E.)  corner  of  lot  5, 
block  6,  Widman's  addition,  thence  westerly  along  the  southerly 
line  of  said  lot  5,  to  the  easterly  line  of  King  Hill  avenue,  thence 
westerly  to  the  southeast  (S.  E.)  corner  of  lot  19,  block  8,  St. 
George,  thence  westerly  along  the  southerly  line  of  said  lot  19,  to 
the  southwest  (S.  W.)  corner  of  said  lot,  thence  westerly  to  the 
intersection  of  the  center  line  of  the  east  and  west  alley  in  blocks 
7  and  8,  St.  George,  and  south  alley  in  block  8,  St.  George,  thence 
westerly  along  the  center  line  of  the  east  and  west  alley  in  blocks 
7  and  8,  St.  George,  and  the  west  line  of  the  north  and  its  prolon- 
gation westerly  to  a  point  twenty-five  (25)  feet  westerly  of  the 
east  line  of  the  Chicago,  Rock  Island  and  Pacific  Eailway  Co.'s 
easterly  right  of  way  line,  thence  southerly  twenty-five  (25)  feet 
westerly  from  the  parallel  to  said  right  of  w^ay  line  to  a  point 
opposite  the  northerly  line  of  the  alley  in  block  8,  The  South  St, 
Joseph  Town  Co.'s  Second  addition,  thence  easterly  to  the  point 
of  beginning.     [G.  O.  No.  647,  Sec.  1]. 

Sec.  1230.  Sewer  district  No.  69. — There  is  hereby  estab- 
lished  in  the  city  of  St.  Joseph,  county  of  Buchanan  and  state  of 
Missouri,  a  sewer  district  to  be  known  as  No.  69,  bounded  and 
described  as  follows,  to  wit:  Beginning  at  the  intersection  of 
the  C,  R.  I.  &  P.  Ry.  Co.  's  east  right  of  way  line  with  the  center 
line  of  Pacific  street,  thence  east  along  the  center  line  of  Pacific 
street  to  the  west  line  of  Fourteenth  street,  thence  north  along 
the  west  line  of  Fourteenth  street  to  the  line  dividing  lots  9  anci 
10,  block  2,  Goodlive's  addition,  thence  west  on  the  line  dividing 
said  lots  9  and  10,  Goodlive's  addition,  to  the  Avest  line  of  Thir. 
teenth  street,  thence  north  along  the  west  line  of  Thirteenth  street 
to  the  center  line  of  Monterey  street,  thence  west  along  the  center 
line  of  Monterey  street  to  the  east  line  of  the  alley  between 
Eleventh  and  Twelfth  streets,  thence  north  along  the  east  line  of 
said  alley  to  a  point  opposite  the  south  line  of  lot  1,  block  30, 
South  St.  Joseph  addition,  thence  west  along  the  south  line  of  lot 
1,  block,  30,  lots  1  and  14,  block  19,  lots  1  and  14,  block  14,  lots 
1  and  14,  block  3,  and  lot  1,  block  48,  to  the  C,  R.  I.  &  P.  Ry.  Co.'s 
east  right  of  way  line,  thence  south  along  said  right  of  way  line 
to  the  point  of  beginning.     [G.  0.  No.  658,  Sec.  1]. 


68i  REVISED  ORDINANCES.  CHAP.  LI. 

Sec.  1231.  Sewer  district  No.  70. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan  and  state  of 
]\Iissouri,  a  sewer  district  to  be  known  as  sewer  district  No.  70, 
bounded  as  follows,  to  v.'it.  Beginning  on  the  west  line  of  Lake 
avenue  at  the  south  line  of  the  alley  between  Cherokee  street 
and  Illinois  avenue,  thence  easterly  to  the  east  line  of  Lake  ave- 
nue at  the  center  line  of  the  alley  between  Cherokee  street  and 
Illinois  avenue,  thence  east  along  the  center  line  of  said  alley  to 
the  west  line  of  King  Hill  avenue,  thence  along  the  west  line  of 
King  Hill  avenue  to  the  north  line  of  the  alley  between  Illinois 
avenue  and  Indiana  avenue,  thence  west  along  the  north  line  of 
said  alley  to  the  east  line  of  Lake  avenue,  thence  westerly  across 
Lake  avenue  to  its  west  line  at  the  north  line  of  the  alley  between 
Illinois  avenue  and  Indiana  avenue,  thence  northeasterly  along 
the  north  line  of  Lake  avenue  to  the  point  of  beginning.  [G.  O. 
No.  661,  Sec.  1]. 

Sec.  1232.  Sewer  district  No.  71. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan  and  state  of 
Missouri,  a  sevv^er  district  to  be  known  as  sewer  district  No.  71 
bounded  as  follows:  Beginning  at  the  intersection  of  the  center 
line  of  Twenty-sixth  street  and  the  center  line  of  the  alley  be- 
tween Seneca  and  Penn  streets,  thence  east  in  said  alley  to  the 
center  of  Twenty-eighth  street,  thence  south  along  the  center  ime 
of  Twenty-eighth  street  to  the  center  line  of  Mitchell  avenue, 
thence  west  along  the  center  line  of  Mitchell  avenue  to  the  center 
of  Twenty-sixth  street,  thence  north  along  the  center  line  of 
Twenty-sixth  street  to  the  point  of  beginning.  [G.  0.  No.  666, 
Sec.  1]. 

Sec.  1233.  Sewer  district  No.  72,^ — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  72,  bounded  as 
follows :  Commencing  at  the  intersection  of  Twentieth  and 
Charles  street,  thence  east  in  the  center  of  Charles  street  to  a 
point  opposite  the  division  line  between  lots  9  and  10,  block  40, 
Harris'  addition,  thence  south  between  lots  9  and  10,  13  and  14, 
in  said  block  40,  to  the  center  of  Sylvanie  street,  thence  east  in  the 
center  of  Sylvanie  street  to  a  point  between  lots  35  and  36,  block 
5,  Villa  Rosa  addition,  thence  south  between  lots  35  and  36  and  16 
and  17,  block  5,  Villa  Rosa  addition,  to  the  center  of  Angelique 


SEWERS.  685 

street,  thence  east  in  the  center  of  Angeliqiie  street  to  a  point 
opposite  the  division  line  between  lots  32  and  33,  block  6,  Villa 
Rosa  addition,  thence  south  between  lots  32  and  33,  20  and  21, 
block  6,  to  the  center  of  Messanie  street,  thence  east  in  the  center 
of  Messanie  street  to  the  intersection  of  Twenty-fourth  and  Mes- 
sanie streets,  thence  south  in  the  center  of  Twenty-fourth  street  to 
the  intersection  of  Twenty-fourth  and  Locust  streets,  thence  west 
in  the  center  of  Locust  street  to  the  center  of  Twenty-second 
street ;  thence  south  in  the  center  of  Twenty-second  street  to  the 
center  of  Patee  avenue,  thence  southwest  in  Patee  avenue  to  the 
center  of  Olive  street,  thence  west  in  Olive  street  to  a  point  oppo- 
site the  center  line  of  block  8,  Hall's  Second  addition,  thence 
north  on  the  center  line  of  said  block  8,  produced  to  the  center 
of  the  north. line  of  lot  14,  block  3,  Hall's  Second  addition,  thence 
east  on  the  north  line  of  said  lot  14,  to  the  center  of  lot  13,  in  same 
block,  thence  north  on  the  center  line  of  lots  13,  12,  11  and  10,  of 
the  same  block  to  the  north  line  of  said  lot  10,  thence  west  on  the 
north  line  of  said  lot  10  to  the  east  line  of  AVarsaw  avenue,  thence 
north  on  the  east  line  of  Warsaw  avenue  produced  to  the  center 
of  Messanie  street,  thence  east  in  the  center  of  Messanie  street 
to  the  center  of  Twentieth  street,  thence  north  in  the  center  of 
Twentieth  street  to  the  center  of  Charles  street,  the  place  of  be- 
ginning.    [G.  0.  No.  730,  Sec.  1]. 

Sec.  1234.  Sewer  district  No.  73. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan  and  state  of 
Missouri,  a  sewer  district  to  be  known  as  sewer  district  No. 
seventy-three  (73),  bounded  and  described  as  follows,  to  wit: 
Beginning  at  the  intersection  of  the  north  line  of  Poulin  street 
with  the  center  line  of  Dewey  avenue,  thence  west  along  the  north 
line  of  Poulin  street  to  the  center  line  of  Elwood  street,  thence 
south  along  the  center  line  of  Elwood  street  to  a  point  opposite 
the  north  line  of  lot  2,  block  12,  Bellevue  addition,  thence  east 
along  the  north  line  of  lot  2,  block  12,  Bellevue  addition,  to  the 
center  line  of  the  alley  between  Elwood  and  Bellevue  streets, 
thence  south  along  the  center  line  of  said  alley  to  the  center  line 
of  Franklin  street,  thence  east  along  the  center  line  of  Franklin 
street  to  the  center  line  of  Bellevue  street,  thence  south  along  the 
center  line  of  Bellevue  street  to  the  center  line  of  Michel  street, 
thence  east  along  the  center  line  of  Michel  street  to  the  point 


686  REVISED  ORDINANCES.  CHAP.  LI. 

opposite  the  east  line  of  the  alley  between  Water  street  and 
Dewey  avenue,  thence  along  the  east  line  of  said  alley  to  the  north 
line  of  lot  10,  block  22,  Robidonx  addition,  thence  east  along  the 
north  line  of  lot  10,  block  22,  Eobidonx  addition  and  its  prolon- 
gation east  to  the  southwest  corner  of  lot  4,  block  23,  Robidoux 
addition,  thence  north  along  the  east  line  of  Dewey  avenue  to  tfhe 
center  line  of  Franklin  street,  thence  west  along  the  center  line 
of  Franklin  street  to  the  center  line  of  Dewey  avenue,  thence 
north  along  the  center  line  of  Dewey  avenue  to  the  point  of  be- 
ginning.    [G.  0.  No.  678,  Sec.  1]. 

Sec.  1235.  Sewer  district  No.  74. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan  and  state  of 
Missouri,  a  sewer  district  to  be  known  as  sewer  district  No.  74, 
bounded  and  described  as  follows,  to  wit :  Beginning  at  the  west 
line  of  Fourteenth  street  at  the  center  line  of  Pacific  street,  thence 
west  along  the  center  line  of  Pacific  street  to  the  center  line  of 
Ninth  street,  thence  south  along  the  center  line  of  Ninth  street  to 
the  south  line  of  South  St.  Joseph  addition,  thence  east  along  the 
south  line  of  South  St.  Joseph  addition  to  the  west  line  of  Four- 
teenth street,  thence  north  along  the  west  line  of  Fourteenth  street 
to  the  point  of  beginning.     [G.  0.  No.  680,  Sec.  1]. 

Sec.  1236.  Sewer  district  No.  75. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  a  sewer  district  to  be  known  as 
sewer  district  No.  75,  to  be  bounded  as  follows,  to  wit:  Begin- 
ning at  the  northwest  corner  of  lot  20,  block  1,  South  St.  Joseph 
Town  Company's  Second  addition,  thence  southwesterly  along 
the  west  line  of  blocks  1  and  8,  of  said  addition,  to  the  south  line 
of  Illinois  avenue,  thence  northwesterly  on  the  south  line  of  said 
avenue  produced  thirty  feet,  thence  south  in  a  true  line  to  the 
southwest  corner  of  lot  1,  block  8,  of  said  addition,  thence  south- 
westerly along  the  south  line  of  lots  1  to  14  of  said  block  8  to  west 
line  of  Lake  avenue,  thence  northeasterly  along  the  west  line  of 
Lake  avenue  to  the  northeast  corner  of  lot  7,  block  1,  addition 
aforesaid,  thence  northwesterly  along  the  north  line  of  lots  7  to 
16,  of  said  block  1,  to  the  south  line  of  Cherokee  street,  thence 
west  to  the  place  of  beginning.     [G.  0.  No.  685,  Sec.  1]. 

Sec.  1237.  Sewer  district  No.  76. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  county  of  Buchanan,  state  of  Mis- 


SEWERS.  687 

souri,  a  sewer  district  to  be  known  as  sewer  district  No.  76 
bounded  as  follows:  Coramencino;  at  the  northeast  corner  of  the 
southeast  quarter  of  section  32,  township  58,  range  35,  thence 
west  on  one-quarter  section  line  to  the  west  line  of  Krug  Park, 
thence  south  along  the  west  line  of  Krug  Park  to  the  southwest 
corner  thereof,  thence  east  parallel  with  the  north  line  of  said 
quarter  section  to  the  east  line  of  said  section  32,  thence  north 
along  the  east  line  of  said  section  32  to  the  place  of  beginning. 
[G.  0.  No.  727,  Sec.  1]. 

Sec.  1238.  Sewer  distrcit  No.  77. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  77,  bounded  as 
follows,  to  wit :  Commencing  at  the  center  of  Union  street  at  the 
alley  between  Twenty-fourth  and  Twenty-fifth  streets,  thence 
west  in  Union  street  to  Twenty-third  street,  thence  south  in 
Twenty-third  street  to  the  south  line  of  lot  6,  block  13,  St.  Joseph 
Eastern  Extension  addition,  thence  west  along  the  south  line  of 
said  lot  6  to  the  alley  in  block  13,  thence  south  in  said  alley  to  the 
south  line  of  lot  11,  thence  east  to  the  east  line  of  said  alley,  thence 
south  along  the  east  line  of  said  alley  to  the  southwest  corner  of 
lot  7,  block  21,  St.  Joseph  Eastern  Extension  addition,  thenco 
due  southwest  to  the  south  line  of  the  alley  north  of  Faraon  street, 
thence  east  along  the  south  line  of  said  alley  to  the  east  line  of 
Eastern  Extension  addition,  thence  north  along  the  east  line  of 
said  Eastern  addition  to  the  center  of  ^lulberry  street,  thence 
west  in  the  center  of  Mulberry  street  to  the  center  of  Twenty-fifth 
street,  thence  north  in  the  center  of  Twenty-fifth  street  to  a  point 
opposite  the  division  line  between  lots  9  and  10,  block  18,  St. 
Joseph  Eastern  Extension  addition,  thence  west  between  said 
lots  9  and  10  to  the  center  of  alley  in  block  18,  thence  north  in  the 
alley  in  blocks  18.  and  15  to  the  place  of  beginning.  [G.  0.  No. 
776,  Sec.  1]. 

Sec.  1239.  Sewer  district  No.  78. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  78,  bounded  as 
follows,  to  wit :  Commencing  at  the  south  line  of  Felix  street 
at  the  northeast  corner  of  lot  9,  block  38,  Harris'  addition,  thence 
west  on  the  south  line  of  Felix  street  to  a  point  opposite  the  east 


688  REVISED  ORDINANCES.  CHAP.  LI. 

line  of  lot  7,  block  37,  Harris'  addition,  thence  north  on  the  east 
line  of  lot  7,  block  37,  Harris'  addition,  and  the  east  line  of  lot 
7,  block  4,  McDonald  Place,  to  the  north  line  of  Francis  street 
thence  west  on  the  north  line  of  Francis  street  to  the  east  line  of 
lot  18,  block  3,  McDonald  Place,  thence  north  on  said  lot  line  to 
the  north  line  of  the  alley  between  Jules  and  Francis  streets, 
thence  west  on  the  north  line  of  said  alley  to  the  east  line  of  lot 
2,  block  last  aforesaid,  thence  north  on  the  east  line  of  said  lot  2 
to  the  south  line  of  Jules  street,  thence  northwesterly  in  a  straight 
line  to  the  center  of  the  intersection  of  Twenty-second  and  Jules 
streets,  thence  northeasterly  in  a  straight  line  to  the  southeast 
corner  of  lot  22,  block  2,  INlcDonald  Place,  thence  north  on  the 
east  line  of  said  lot  to  its  northeast  corner,  thence  northwesterly 
in  a  straight  line  to  the  center  line  of  Twenty-second  street  where 
intersected  by  the  center  line  of  the  alley  between  Jules  and  Far- 
aon  streets  produced  from  the  east,  thence  northeasterly  in  a 
straight  line  to  the  southeast  corner  of  lot  1,  block  last  aforesaid, 
thence  north  along  the  east  line  of  said  lot  to  its  northeast  corner, 
thence  northwesterly  in  a  straight  line  to  the  center  line  of  Twen- 
ty-second street  where  intersected  by  the  center  line  of  FaraoQ 
street  produced  from  the  east,  thence  northeasterly  to  the  south- 
east corner  of  lot  1,  block  1,  McDonald  Place,  thence  north  along 
the  east  line  of  said  lot  1,  block  1,  to  its  northeast  corner,  thence 
east  along  the  south  line  of  alley  north  of  and  parallel  with  Far- 
aon  street  to  the  northeast  corner  of  lot  4,  block  52,  Eastern  Exten- 
sion addition,  thence  south  between  lots  4  and  5,  block  52,  and 
lots  4  and  5,  block  57,  thence  east  in  the  alley  in  block  57  to  the 
east  line  of  lot  14,  thence  south  along  the  east  line  of  lot  14,  block 
57,  and  lot  5,  block  60,  to  the  south  line  of  the  alley  in  block  60, 
thence  west  along  the  south  line  of  said  alley  in  blocks  60,  59  and 
30,  Eastern  Extension  addition,  to  the  center  of  Twenty-fourth 
street,  thence  south  in  the  center  of  Twenty-fourth  street  to  the 
•center  of  Felix  street,  thence  west  in  the  center  of  Felix  street 
to  a  point  opposite  the  east  line  of  lot  9,  block  38,  Harris'  addition 
thence  south  to  the  south  line  of  Felix  street  to  the  place  of  be- 
ginning.    [G.  0.  No.  774,  Sec.  1]. 

Sec.  1240.  Sewer  district  No.  79. — There  is  hereby  estab- 
lished in  the  city  of  St.  Josoi)h,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  79,  bounded  aa 


SEWERS.  689 

follows,  to  wit :  Beginning  at  the  south  line  of  the  alley  between 
Jules  and  Francis  streets  at  the  east  line  of  Twenty-sixth  street, 
thence  west  along  the  south  line  of  said  alley  to  the  center  of 
Twenty-fourth  street,  thence  south  in  the  center  of  Twenty-fourth 
street  to  the  center  of  Felix  street,  thence  east  in  the  center  of 
Felix  street  to  the  center  of  Twentj^-fifth  street,  thence  south  in 
the  center  of  Twenty-fifth  street  to  the  north  line  of  the  alley 
between  Edmond  and  Charles  streets,  thence  east  along  the  north 
line  of  said  alley  to  the  east  line  of  Twenty-sixth  street,  thence 
north  along  the  east  line  of  Twenty-sixth  street  to  the  place  of 
beginning.      [G.  0.  No.  777,  Sec.  1]. 

Sec.  1241.  Sewer  district  No.  80. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  County,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  80,  bounded  as 
follows,  to  wit :  Commencing  at  the  north  line  of  the  alley  be- 
tween Charles  and  Edmond  streets  at  the  center  of  Twenty-sixth 
street,  thence  west  along  the  north  line  of  said  alley  to  the  center 
of  Twenty-fifth  street,  thence  north  in  the  center  of  Twenty-fifth 
street  to  the  center  of  Felix  street,  thence  west  in  the  center  of 
Felix  street  to  a  point  opposite  the  east  line  of  lot  9,  block  38, 
Harris'  addition,  thence  south  along  the  east  line  of  lots  9  and 
14,  block  38,  lots  9  and  14,  block  39,  lots  9  and  14,  block  40,  all  in 
Harris'  addition  to  the  center  of  Sylvanie  street,  thence  east  in 
the  center  of  Sylvanie  street  to  the  center  of  Twenty-sixth  street, 
thence  north  in  the  center  of  Twenty-sixth  street  to  the  place  of 
beginning.      [G.  0.  No.  775,  Sec.  1]. 

Sec.  1242.  Sewer  district  No.  81. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  81,  bounded  as 
follows,  to  wit :  Commencing  at  the  center  of  Twenty-sixth  and 
Sylvanie  streets,  thence  west  in  the  center  of  Sylvanie  street  to  a 
point  opposite  the  division  line  between  lots  35  and  36  and  16  and 
17,  block  5,  Villa  Rosa  addition,  to  the  center  of  Angelique  street, 
thence  east  in  Angelique  street  to  the  division  line  between  lots 
32  and  33,  block  6,  Villa  Rosa  addition,  thence  south  between  lots 
32  and  33  and  lots  20  and  21,  block  6,  Villa  Rosa  addition  to  the 
center  of  Messanie  street,  thence  east  in  Messanie  street  to  the 
center  of  Twenty-fourth  street,   thence  south  in  the   center   of 

44 


690  REVISED  ORDINANCES.  CHAP.  LI. 

Twenty-fourth  street  to  the  center  of  Locust  street,  thence  east  in 
the  center  of  Locust  street  to  the  north  line  of  the  Chicago,  Bur- 
lington &  Quincy  Railroad  right  of  way,  thence  northeasterly 
along  the  north  line  of  said  right  of  way  to  the  east  line  of  Twenty- 
sixth  street  south  from  Messanie  street,  thence  north  along  said 
east  line  of  Twenty-sixth  street  to  the  center  of  Messanie  street, 
thence  east  in  the  center  of  Messanie  street  to  the  center  of 
Twenty-sixth  street  north  from  Messanie  street,  thence  north  in 
the  center  of  Twenty-sixth  street  to  the  place  of  beginning.  [G. 
0.  No.  773,  Sec.  1]. 

Sec.  1243.  Sewer  district  No.  82. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  82,  bounded  as 
follows,  to  wit :  Commencing  at  the  center  of  Sixth  street  at  the 
intersection  of  Seneca  street,  thence  west  in  Seneca  street  to  a 
point  opposite  the  west  line  of  lot  9,  block  2,  St.  Joseph  Garden 
addition,  thence  south  on  the  division  line  between  lots  9  and  10, 
and  lots  1  and  2,  block  2,  St.  Joseph  Garden  addition,  to  the  cen- 
ter of  Mitchell  avenue,  thence  west  in  Mitchell  avenue  to  a  point 
opposite  the  center  of  the  alley  in  block  60,  South  St.  Joseph 
addition,  thence  south  in  the  center  of  said  alley  in  block  60,  and 
alley  between  blocks  2  and  3,  Hay's  Railroad  addition,  to  the 
south  line  of  Hay's  Railroad  addition,  thence  east  along  the  south 
line  of  Hay's  Railroad  addition  and  Durfee  &  Bartlett's  addi- 
tion, to  the  center  of  Sixth  street,  thence  north  in  the  center  of 
Sixth  street  to  the  place  of  beginning.      [G.  0.  No.  788,  Sec.  1]. 

Sec.  1244.  Sewer  district  No.  83. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  83,  said  district 
being  bounded  as  follows,  to  wit :  Commencing  at  a  point  on 
the  center  line  of  Sixth  street  at  its  intersection  with  the  south 
line  of  Durfee  &  Bartlett's  addition,  thence  west  along  the  south 
line  of  Durfee  &  Bartlett's  addition  and  Hay's  Railroad  addition, 
to  the  bank  of  the  Missouri  river,  thence  south  along  the  bank 
of  the  Missouri  river  to  the  center  of  Jackson  street,  thence 
east  along  the  center  of  Jackson  street  to  the  center  line 
of  Sixth  street,  thence  north  along  the  center  line  of  Sixth  street, 
to  the  place  of  beginning.     [G.  0.  No.  858,  Sec.  1]. 


SEWERS.  691 

Sec.  1245.  Sewer  district  No.  84. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  84,  said  district 
being  bounded  as  follows,  to  wit :  Commencing  at  a  point  on  the 
center  line  of  Sixth  street  at  its  intersection  with  the  center  line 
of  Jackson  street,  thence  west  along  the  center  of  Jackson  street 
to  the  bank  of  the  Missouri  river,  thence  southwesterly  along  the 
bank  of  the  Missouri  river  to  the  center  of  Hickory  street,  thence 
east  along  the  center  of  Hickory  street  to  the  center  of  Sixth 
street,  thence  north  along  the  center  of  Sixth  street  to  the  place 
of  beginning.      [G.  0.  No.  859,  Sec.  1]. 

Sec.  1246.  Sewer  district  No.  85. — There  is  hereby  estab- 
lished in  the  city  of  St.  Joseph,  Buchanan  county,  Missouri,  a 
sewer  district  to  be  known  as  sewer  district  No.  85,  said  district 
being  bounded  as  follows,  to  wit :  Commencing  at  a  point  on  the 
center  line  of  Sixth  street  at  its  intersection  with  the  center  line 
of  Oak  street,  thence  west  along  the  center  of  Oak  street  to  the 
bank  of  the  Missouri  river,  thence  southwesterly  along  the  bank 
of  the*  Missouri  river  to  the  center  line  of  Atchison  street,  thence 
east  along  the  center  of  Atchison  street  to  the  center  of  Sixth 
street,  thence  north  along  the  center  of  Sixth  street  to  the  place 
of  beginning.      [G.  0.  No.  860,  Sec.  1]. 


692 


REVISED  ORDINANCES. 


CHAP.  LII. 


CHAPTER     LII. 


TREES— SHADE  AND  ORNAMENTAL. 


Section 

1247.  Trees,    how   planted. 

1248.  City     engineer     may     replant, 

etc. 

1249.  Trees  not  allowed  to   obstruct 

lamps. 


Section 

1250.  Animal    injuring    tree,     owner 

liable. 

1251.  Prohibiting  planting  box  elder 

trees. 


Sec.  1247.  Trees,  how  planted. — All  shade  and  ornamental 
trees  shall  be  planted  one  foot  inside  of  the  outer  line  of  the  side- 
walk, as  defined  and  established  by  the  laws  and  ordinances  re- 
lating to  sidewalks;  and  if  any  person  shall  plant  trees  on  the 
sidewalks  in  the  city  in  any  other  manner  than  as  in  this  section 
provided,  he  shall  be  deemed  guilty  of  a  misdemeanor.  [G.  0. 
No.  710,  Sec.  1]. 

Sec.  1248.  City  engineer  may  replant,  etc. — If  any  trees 
shall  have  been  planted  within  or  without  the  line  established  in 
the  first  section,  or  shall  hereafter  be  planted  in  violation  of  this 
ordinance,  the  city  engineer  shall  have  power  at  his  discretion  to 
cause  the  same  to  be  taken  up  and  properly  set  out.  Provided, 
that  in  no  case  shall  such  discretion  be  exercised  unless  such  trees 
form  a  material  obstruction  to  the  street  or  sidewalk,  nor  unless 
the  season  shall  be  favorable  for  transplanting  the  same.  [G.  O. 
No.  710,  Sec.  1]. 


Sec.  1249.  Trees  not  allowed  to  obstruct  lamps. — If  any  trees 
shall  be  allowed  by  the  owner  or  occupant  of  the  premises  to  grow 
in  such  a  manner  as  to  obstruct  the  reflection  of  any  public  lamp, 
it  shall  be  the  duty  of  the  city  engineer  to  notify  the  owner  or 
occupant  of  the  premises  forthwith  to  trim  the  same  in  the  man- 
ner to  be  specified  in  the  notice;  and  if  any  such  person  so  noti- 
fied shall  refuse  or  neglect  to  comply  with  the  requirements  of 
such  notice,  it  shall  be  the  duty  of  the  city  engineer  to  cause  such 
trees  to  be  trimmed,  and  the  person  so  refusing  or  neglecting  to 
comply  with  said  notice  shall  be  deemed  guilty  of  a  misdemeanor. 
[G.  0.  No.  710,  Sec.  1]. 


TREES.  693 

Sec.  1250.  Animal  injuring  tree — owner  liable. — Should  any 
tree  or  trees  be  injured  or  damaged  in  any  way  by  any  person  or 
persons,  horses  or  cattle,  the  owner  or  owners  of  such  horses  or 
cattle  shall  be  liable  to  the  owner  of  such  trees  for  all  damages 
done  thereto.  Provided,  in  all  cases,  that  said  shade  or  orna- 
mental trees  shall  be  protected  by  ordinary  board  or  slat  boxes. 
[G.  0.  No.  710,  Sec.  5]. 

Sec.  1251.  Planting  of  box  elder  trees  prohibited. — It  shall 
be  unlawful  for  any  person  to  plant  or  set  out  upon  any  sidewalk, 
sidewalk  reservation,  street  or  public  thoroughfare  in  this  city 
any  box  elder  tree  or  trees.  Any  person  violating  this  section 
shall,  upon  conviction  therefor,  be  fined  in  a  sum  not  less  than  five 
nor  more  than  twenty  dollars,  and  each  day  that  such  box 
elder  tree  or  trees  shall  be  allowed  to  remain  planted  or  set  out 
upon  any  sidewalk,  etc.,  after  conviction  hereunder,  shall  be 
deemed  a  separate  offense.     [G.  0.  No.  588,  See.  1]. 


694  REVISED  ORDINANCES.  CHAP.  LIII. 


CHAPTEH     LIII 


VAGRANTS. 


Section 

1252.  Who   are    declared    to   be    va- 

grants. 

1253.  Pig-eon-dropping  defined. 

1254.  Two    or   more    may   be    jointly 

tried. 


Section 

1255.  Evidence  of  reputation  admis- 

sible. 

1256.  Disposal  of  vagrant — penalty. 


Sec.  1252.  Who  are  declared  to  be  vagrants. — Vagrants,  un- 
der the  meaning  and  provisions  of  the  ordinances  of  the  city  of  St. 
Joseph,  shall  be  deemed  to  be : 

First.  Any  person  who  in  this  city  lives  idly,  has  no  visible 
means  of  support,  and  is  found  loitering,  rambling,  wandering  or 
loafing  about  the  streets,  or  thoroughfares  of  this  city,  or  who 
shall  be  engaged  in  any  unlawful  calling  whatever ;  or  who  in  this 
city  lives  idly,  and  is  a  frequenter  of  saloons,  bar  rooms,  bawdy 
houses,  gambling  houses,  or  any  disorderly  houses,  or  who  in  this 
city  lives  idly  and  is  a  gambler  or  roper  or  capper  for  any  gamb- 
ling house  or  room  or  any  gambling  game ;  or  who  lives  idly  and 
has  the  reputation  of  being  a  gambler  or  roper,  steerer  or  capper 
for  any  gambling  house  or  room,  or  any  gambling  game ;  or  who 
shall  be  found  trespassing  upon  the  private  property  of  another, 
and  cannot  give  a  good  account  of  himself ;  or  who  shall  be  found 
begging,  or  going  from  door  to  door  begging,  or  appearing  in  any 
street,  thoroughfare  or  other  public  place  begging  or  receiving 
alms  as  a  profession. 

Second.  Any  male  or  female  person  who  shall  be  the  keeper, 
proprietor  or  exhibitor  of  any  gaming  table  or  gambling  device, 
or  who  shall  be  an  assistant  or  attendant  at  any  such  gaming 
table  or  gambling  device,  and  gamblers. 

Third.  Any  person  who,  for  the  purpose  of  gaming  or  gam- 
bling, travels  from  place  to  place,  or  frequents  steamboats  or 
other  vessels  at  the  wharf  of  this  city,  or  at  passenger  depots,  or 
goes  from  place  to  place  in  this  city  for  that  purpose. 


VAGRANTS.  695 

Fourth.  Any  person  upon  whom  shall  be  found  any  instru- 
ment or  thing  used  for  the  commission  of  burglary,  or  for  picking 
locks  or  pockets,  and  who  shall  fail  to  give  a  good  account  of 
their  possession  of  the  same. 

Fifth.  Any  person  who  shall  be  found  engaged  in  pigeon- 
dropping  as  hereinafter  defined. 

Sixth.  Any  person  who,  having  been  once  convicted  of  be- 
ing a  vagrant,  or  who  has  the  reputation  of  being  a  vagrant,  shall 
be  found  in  possession  of  any  Mexican  puzzle,  patent  safe-strop- 
thimble  and  balls,  or  any  other  instrument  or  device  used  for 
pigeon-dropping. 

Seventh.  Any  prostitute,  courtesan,  bawd  or  lewd  woman, 
or  any  female  inmate  of  any  bawdy  house  or  house  of  prostitu- 
tion, assignation,  brothel,  or  house  of  bad  repute,  who  shall  be 
found  wandering  about  the  streets  in  the  night  time,  or  frequent- 
ing dramshops  or  beer  houses,  or  any  such  female  who  shall  be 
found  employed  as  a  beer-carrier,  either  in  the  day  or  night  time, 
or  who  may  be  found  employed  singing  or  dancing  in  any  such 
house  or  place. 

Eighth.  Any  procurer,  pimp  or  other  male  person  inhabit- 
ing a  bawdy  house  or  house  of  prostitution  or  assignation,  or  in 
any  way  connected  with  the  keeping  of  such  house. 

Ninth.  Any  person,  male  or  female,  who  knowingly  asso- 
ciates with  persons  having  the  reputation  of  being  thieves,  burg- 
lars, pickpockets,  pigeon-droppers,  bawds,  prostitutes  or  lewd 
women  or  gamblers,  or  who  lodges  in  or  frequents  houses  or  other 
places  having  the  reputation  of  being  the  resort  of  thieves,  burg- 
lars, pickpockets,  pigeon-droppers,  bawds,  prostitutes  or  lewd 
women,  or  gambling  houses,  or  places  for  the  reception  of  stolen 
property.      [R.  0.  1897,  Chap.  77,  Sec.  1]. 

Sec.  1253.  Pigeon-dropping  defined. — Pigeon-dropping,  un- 
der the  meaning  and  intent  of  this  chapter,  shall  be  deemed  the 
winning  or  obtaining  money  or  property,  or  things  representing 
money  or  property,  by  its  being  bet  or  staked  on  any  game,  in- 
strument, contrivance  or  device  under  the  control  of  any  person 


696  REVISED  ORDINANCES.  CHAP.  LIII. 

concerned  in  the  game,  bet  or  stake,  or  of  any  confederate  of  such 
person,  and  so  contrived  or  constructed  that  the  result  of  any 
game,  bet  or  stake  can  be  determined  by  either  of  such  persons ; 
or  the  borrowing  of  money  or  property,  or  anything  representing 
money  or  property,  to  be  bet  on  any  such  game,  instrument,  con- 
trivance or  device ;  or  the  inveigling,  enticing  or  persuading  any 
person  to  bet  or  lend  money  or  property  or  anything  representing 
money  or  property,  to  be  bet  or  staked  on  any  such  game,  instru- 
ment, contrivance  or  device :  or  the  borrowing  money  or  property 
on  petitions  or  worthless  notes,  checks  or  drafts,  or  having  them 
in  possession  for  a  fraudulent  purpose.  [R.  0.  1897,  Chap.  77, 
Sec.  2]. 

Sec.  1254.  Two  or  more  may  be  tried  jointly. — Two  or  more 
persons  found  acting  together  or  in  concert  for  the  purpose  of 
pigeon-dropping,  may  be  tried  jointly.     R.   0.   1897,   Chap.   77, 

Sec.  3]. 

Sec.  1255.  Evidence  as  to  reputation,  etc. — On  the  trial  of 
any  person  charged  with  being  a  vagrant  before  the  judge  of  the 
police  court,  it  shall  be  lawful  for  the  city  to  introduce  testimony 
as  to  the  character  and  reputation  of  the  defendant  touching  any 
of  the  matters  set  forth  in  the  first  section  of  this  chapter ;  and 
the  defendant  may  resort  to  testimony  of  a  like  nature  for  the 
purpose  of  disproving  the  same.      [R.  0.  1897,  Chap.  77,  Sec.  4]. 

Sec.  1256.  Disposal  of  vagrant — penalty. — Any  person  who 
shall  be  guilty  of  being  a  vagrant  under  the  provisions  of  this 
chapter,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thei'eof  shall  be  fined  in  any  sum  not  exceeding  two  hun- 
dred dollars  ($200).     [G.  0.  No.  590,  Sec.  1]. 


VEHICLES. 


097 


CHAPTER    LIV. 


VEHICLES— RATES  AND  REGULATIONS. 


Section 

1267.     Rates    for   hauling   passengers. 

1258.  Hates    allowed    for    one    horse 

wagon. 

1259.  Rates    allowed    for    two    hoi  se 

wagon. 

1260.  Hack     or    carriage     driver     to 

give  bond. 

1261.  Driver     intoxicated     while     on 

duty — penalty. 

1262.  Shall   not    refuse    to    carry,    or 

deceive  a  passenger. 

1263.  Rates  of  fare  to  be  posted   in 

vehicle. 

1264.  License     of     non-resident     not 

transferable. 

1265.  Falsely    representing    place    of 

residence. 


Section 

1266. 

Penalty. 

1267. 

Job    wagon — stand   designated. 

to  be  occupied. 

1268. 

Penalty. 

1269. 

Bicycles,      etc.,     governed     Ijy 

what  laws. 

1270. 

Riders   confined  to  right  hand 

side  of  street. 

1271. 

Persons    prohibited    from    rid- 

ing  upon   sidewalks. 

1272. 

Speed    limited,     in    what    dis- 

trict. 

1273. 

Bicycles,    etc.,    to   be   provided 

with  alarm  bells. 

1274. 

"Coasting"    prohibited. 

1275. 

Penalty. 

Sec.  1257.  Rates  for  hauling  passengers. — Persons  owning 
or  driving  any  vehicle  are  allowed  to  charge  as  follows :  For 
each  passenger,  with  usual  baggage,  carried  from  any  point  in  the 
city  limits  to  any  other  point  within  the  limits  of  the  city,  fifty 
cents,  and  no  more ;  for  use  of  vehicle  and  driver  for  one  day,  ten 
dollars;  for  transporting  passenger's  trunk,  fifty  cents;  for  use  of 
vehicle  when  engaged  by  the  hour  in  going  from  place  to  place, 
or  stopping,  when  required,  or  waiting,  when  required,  at  any 
place,  two  dollars  for  the  first  hour,  and  one  dollar  per  hour  for 
every  succeeding  hour  after  the  first.  Provided,  that  double  these 
rates  may  be  charged  between  twelve  o'clock  midnight  and  sun- 
rise next  morning.     [R.  0.  1897,  Chap.  78,  Art.  1,  Sec.  3]. 


Sec.  1258.  Rates  allowed  for  one  horse  wagon. — Persons 
owning  or  driving  one  horse  or  mule  job  wagons,  carts  or  drays, 
are  allowed  to  charge  for  carrying  and  unloading  any  load  or 
baggage,  goods,  wares  or  merchandise  a  distance  of  ten  blocks 
or  less,  forty  cents ;  and  for  any  greater  distance  than  ten  blocks 
inside  the  city  limits,  seventy-five  cents  and  no  more.  [R.  0. 
1897,  Chap.  78,  Art.  1,  Sec.  4]. 


698  REVISED  ORDINANCES.  CHAP.  LIV. 

Sec.  1259.  Rates  allowed  for  two  horse  wagon, — Persons 
owning  or  driving  two  horse  or  mule  job  wagons,  carts  or  drays, 
are  allowed  to  charge  for  each  load  transported  and  unloaded 
in  this  city,  one  dollar;  or  in  lieu  thereof  the  sum  of  four  cents 
per  hundred  pounds  on  heavy  goods,  and  five  cents  per  hundred 
pounds  on  light  goods,  and  no  more.  [R.  0.  1897,  Chap.  78, 
Art.  1,  Sec.  5]. 

Sec.  1260.  Hack  or  carriage  driver  to  give  bond. — Before 
any  person  shall  act  as  driver  of  any  licensed  hack,  carriage,  om- 
nibus, sleigh  or  other  public  vehicle  used  for  carrying  passengers, 
he  shall  enter  into  a  bond  with  the  city  of  St.  Joseph  in  a  sum' of 
five  hundred  dollars,  with  two  or  more  good  and  sufficient 
securities,  residents  of  the  city,  to  be  approved  by  the  comptroller, 
conditioned  that  said  driver  will  at  all  times  demean  himself 
properly  and  observe  all  ordinances,  rules  and  regulations  of  the 
city  pertaining  to  such  vehicles  and  drivers,  and  that  they  will 
pay  all  fines,  costs  and  penalties  imposed  upon  such  driver  for 
violation  or  failure  to  comply  with  such  ordinance,  rule  or  regu- 
lation. Said  bond  shall  be  filed  with  the  city  auditor.  [R.  0. 
1897,  Chap.  78,  Art.  1,  Sec.  6]. 

Sec.  1261.  Driver  intoxicated  while  on  duty — penalty. — Any 
driver  of  any  licensed  hack,  carriage,  omnibus,  sleigh  or  other 
public  vehicle  used  for  carrying  passengers,  who  shall  be  found 
m  a  state  of  intoxication  while  on  duty  as  such  driver,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  fifteen  dollars  nor  more  than  fifty  dol- 
lars.    [R.  0.  1897,  Chap.  78,  Art.  1,  Sec.  7]. 

Sec.  1262.  Shall  not  refuse  to  carry,  or  deceive  a  passenger. 
— Persons  owning  or  driving  vehicles  used  for  carrying  passen- 
gers, shall  not  refuse  to  carry  any  passenger  to  any  place  within 
the  limits  of  this  city,  except  such  passenger  refuse  to  pay  the 
rate  fixed  by  ordinance  for  such  services.  No  owner  or  driver 
shall  deceive  any  passenger  who  may  ride  in  any  such  public 
vehicle,  or  who  may  desire  to  ride  in  any  such  vehicle,  as  to  his 
destination,  or  the  price  authorized  by  ordinance  to  be  charged 
for  such  services,  or  shall  convey  such  passenger,  or  cause  him  to 
be  conveyed,  to  a  place  other  than  as  directed  by  him.  [R.  0. 
1897,  Chap.  78,  Art.  1,  Sec.  8]. 


VEHICLES.  gyg 

Sec.  1263.  Rates  of  fare  to  be  posted  in  vehicle. — Persons 
owning  or  driving  haclis,  carriages,  omnibuses  or  other  public 
vehicles  used  in  conveying  passengers,  shall  at  all  times  keep 
posted  in  a  conspicuous  place  in  such  vehicle  a  card  on  which 
shall  be  printed  in  plain  letters  the  amount  fixed  by  ordinance 
for  carrying  passengers  in  the  city  of  St.  Joseph,  and  any  owner 
or  driver  of  any  vehicle  used  in  conveying  passengers,  goods^ 
wares  or  merchandise,  who  shall  ask  or  charge  or  attempt  to 
charge,  or  cause  or  allow  to  be  asked  or  charged  for  such  services 
a  rate  higher  than  the  price  fixed  by  ordinance,  and  any  person 
who  shall  hire  such  public  vehicle  for  the  purpose  of  riding  there- 
in or  transporting  any  goods,  wares  or  merchandise,  and  shall  re-' 
fuse  to  pay  the  rate  therefor  as  fixed  by  ordinance,  or  any  owner 
or  driver  who  shall  refuse  to  post  and  keep  posted  a  rate  card  as 
herein  required,  shall  be  deemd  guilty  of  a  misdemeanor.  [R.  0. 
1897,  Chap.  78,  Art.  1  Sec.  9]. 

Sec.  1264.  License  of  non-resident  not  transferable.^ — No 
person  who  is  a  non-resident  of  said  city  having  a  license  for  the 
carriage  or  transportation  of  persons  for  hire,  pay,  profit  or  com- 
pensation, in  any  hack,  hackney  carriage,  coach,  wagon,  omnibus 
or  other  vehicle,  shall  be  permitted  to  transfer  the  same,  and  if 
such  license  shall  be  transferred  it  shall  thereupon  become  void. 
[R.  0.  1897,  Chap.  78,  Art.  1,  Sec.  10]. 

Sec.  1265.  Falsely  representing  place  of  residence. — It  is 
hereby  made  a  misdemeanor  for  any  person,  who  is  a  non-resident 
of  the  city  of  St.  Joseph,  to  represent  himself  to  the  city  auditor 
of  said  city  to  be  a  resident  of  said  city,  for  the  purpose  of  trans- 
ferring a  license  for  the  purpose  named  in  the  preceding  section. 
[R.  0.  1897,  Chap.  78,  Art.  1,  Sec.  11]. 

Sec.  1266.  Penalty. — Any  person  violating  any  of  the  pre- 
ceding sections  of  this  chapter  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  fined  in  a  sum  not 
to  exceed  twenty-five  dollars.  [R.  0.  1897,  Chap.  78,  Art.  1,  Sec. 
12]. 

Sec.  1267.  Job  wagon — stand  designated,  to  be  occupieed.— 
Any  owner,  driver  or  person  in  charge  of  any  express  or  job 
wagon,  who  shall  occupy  any  place  in  the  streets  of  said  city  as 


700  REVISED  ORDINANCES.  CHAP.  LIV. 

a  stand  not  designated  as  a  stand,  as  defined  in  this  chapter,  or 
any  owner,  driver  or  person  in  charge  of  any  express  wagon  who 
shall  occupy  the  stand  herein  designated,  shall  keep  the  vehicle 
so  under  his  charge  close  up  to  the  line  of  the  curb  and  said  vehi- 
cles shall  be  kept  in  a  line  in  single  file  close  up  to  each  other,  and 
such  owners,  drivers  or  persons  in  charge  of  such  vehicles  while 
waiting  at  such  stand,  shall  not  assemble  in  groups  along  the 
streets  herein  designated,  but  shall  remain  by  the  side  of  their 
respective  vehicles  while  remaining  at  such  stands.  [R.  0.  1897; 
Chap.  78,  Art.  2,  Sec.  2]. 

Sec.  1268.  Penalty. — Any  person  violating  the  provisions  of 
the  preceding  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  not  less  than  ten  dollara 
nor  more  than  fifty  dollars.     [R.  0.  1897,  Chap.  78,  Art.  2,  See.  3], 

Sec.  1269.  .Bicycles,  etc.,  governed  by  what  laws. — Bicycles, 
tricycles  or  unicycles  are  hereby  declared  to  be  vehicles  for  the 
purpose  of  carrying  one  or  more  persons,  and  as  such  (while  being 
ridden  inside  the  corporate  limits  of  the  city  of  St.  Joseph)  shall 
be  governed  by  all  laws  and  ordinances  relating  to  vehicles,  now 
in  force  or  embodied  in  this  ordinance.  [R.  0.  1897,  Chap.  78, 
Art.  3,  Sec.  1]. 

Sec.  1270.  Riders  confined  to  right  hand  side  of  street. — All 
riders  of  bicycles,  tricycles,  unicycles  or  any  other  vehicle  while 
riding  or  driving  inside  the  corporate  limits  of  the  city  of  St. 
Joseph,  shall  confine  themselves  to  the  right  hand  side  of  the 
center  of  any  street  they  may  be  riding  or  driving  upon,  and  upon 
meeting,  or  being  liable  to  meet  any  other  vehicle,  whether  said 
vehicle  shall  be  propelled  by  pedals,  electricity  or  steam,  or  shall 
be  drawn  by  horses,  mules  or  any  animals,  shall  immediately  turn 
off  to  the  right  hand,  and  any  vehicle  traveling  in  the  opposite 
direction  shall  also  turn  off  to  the  right.  [R.  O.  1897,  Chap.  78 
Art.  3,  Sec.  2]. 

Sec.  1271.  Persons  prohibited  from  riding  upon  sidewalks. — 
Ar;y  person  upward  of  the  age  of  twelve  years  is  hereby  prohib- 
ited from  riding  any  bicycle,  tricycle,  unicycle  or  other  vehicle 
propelled  by  pedals  upon,  along  or  over  any  sidcAvalk,  by-way  or 
path  used  as  a  public  way  for  pedestrians  in  the  city  of  St.  Joseph 
XR.  0.  1897,  Chap.  78,  Art.  3,  Sec.  3]. 


VEHICLES.  701 

Sec.  1272.  Speed  limited,  in  what  district. — Any  person  is 
hereby  prohibited  from  riding  any  bicycle,  tricycle,  unicycle  or 
other  vehicle  propelled  by  pedals,  upon  or  along  any  public  street 
or  avenue  in  the  city  of  St.  Joseph,  within  the  following  limits, 
being  a  district  bounded  on  the  north  by,  and  including  Francis 
street,  on  the  south  by,  and  including  Messanie  street,  on  the  east 
by,  and  including  Tenth  street,  and  on  the  west  by  and  including 
Second  street,  at  a  speed  greater  than  ten  miles  per  hour,  nor  over 
any  crossing  or  crosswalk  at  a  speed  greater  than  eight  miles  per 
hour.     [R.  0.  1897,  Chap.  78,  Art.  3,  Sec.  4]. 

Sec.  1273.  Bicycles,  etc.,  to  be  provided  with  alarm  bells.^ 
Any  person  is  hereby  prohibited  from  riding  any  bicycle,  tricycle, 
unicycle  or  other  vehicle  propelled  by  pedals  over,  upon  or  alongj 
any  public  street  or  avenue  in  the  city  of  St.  Joseph  unless  the 
same  shall  be  provided  with  and  have  attached  thereto  an  alarm 
bell  or  other  suitable  and  proper  warning  signal,  said  bell  to  be 
sounded  as  a  warning  whenever  necessary  to  avoid  colliding  with 
pedestrians.     [R.  0.  1897,  Chap.  78,  Art.  3,  Sec.  5]. 

Sec.  1274.  "Coasting"  prohibited. — Any  person  is  hereby 
prohibited  from  riding  any  bicycle,  tricycle,  unicycle  or  other 
vehicle  propelled  by  pedals  over,  upon  or  along  any  public  street 
or  avenue  in  the  city  of  St.  Joseph  in  the  manner  commonly 
known  as  "coasting."     [R.  0.  1897,  Chap.  78,  Art.  3,  Sec.  6]. 

■Sec.  1275.  Penalty. — Any  person  violating  either  of  the  six 
preceding  sections  of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  not  less 
than  one  dollar  nor  more  than  twenty  dollars  for  each  and  every 
offense.     [R.  0.  1897,  Chap.  78,  Art.  3,  Sec.  7]. 


702 


REVISED  ORDINANCES. 


CHAP.  LV. 


CHAPTER  LV. 


WATER. 


Article 
I.     Rates  charged  private    consumers    of 
water. 


Article 
II.    Time  of  payment — enforcement  of. 


ARTICLE  I. 


RATES    CHARGED    PRIVATE    CONSUMERS    OF   WATER. 

Section  I 

1'276.       Fixing      rate      charged       private     |  consumers  of  water. 

Sec.  1276.  Fixing  rate  charged  private  consumers  of  water. 
— From  and  after  the  10th  day  of  December,  1899,  no  person,  asso- 
ciation of  persons,  company  or  corporation  operating  a  water- 
works in  the  city  of  St.  Joseph  shall  charge  private  consumers  of 
water  rates  in  excess  of  the  following  table  or  schedule  of  annual 
water  rates,  to  wit : 

Apothecaries  and  Dru^  Stores. 

First  faucet   $  5 .  00 

Each    additional   faucet    2.50 

Soda  fountain   2 .  00 

Tumbler  washers,  each  jet  or  spray 3 .  00 

Self-acting   1.25 

Other  water  fixtures  the  same  as  business  houses. 

Bakery. 

First  faucet,  no  charge  less  than   $  5 .  00 

Per  barrel  of  flour  over  two  barrels,  daily  average  2.50 

Additional   faucet    free 

Where  ice  cream  parlor  is  attached  add  for  each  table  seating  four 

to  six  persons  50 


ART.  I.  RATES  CHARGED. 


Barber  Shop. 


703 


First   chair    $3.00 

Eacli  additional  cliair   2 .  00 

First    bath    tub    g  00 

Each  additional  batli  tub   4 .00 

First  water  closet    4 .  00 

Each  additional  water  closet   2.00 

First    urinal    2.00 

Each    additional    urinal 75 

Bar  Rooms  and  Saloons. 

(Add  to  hotel,  lunch  room,  eating  house,  restaurant  or  tavern  rate,  if 
connected.) 

First  faucet  behind  bar   $.5.00 

Each  additional  faucet  behind  bar   3.00 

First  faucet  outside  of  bar   3 .  00 

Each  additional  faucet  outside  of  bar  1 .  00 

Beer  pump,   each    6 .  00 

First  water  closet    6 .  00 

Each  additional  water  closet     2.00 

First   urinal    3.00 

Each  additional  urinal    1.50 

Three   billiard  or  pool  tables  or  less   allowed  in  bar  room  without 
extra  charge. 

Billiard  Rooms. 

First  three  tables  or  less,  one  faucet $  3 .  00 

Each  additional  table    50 

Each  additional  faucet   1 .  00 

First  water  closet    4 .  00 

Each  additional  closet 2 .  00 

First   urinal    3 .  00 

Each   additional   urinal    1 .  50 

Blacksmith,    Horseshoeing,   Wagon   and   Carriage   Shops. 

One  faucet,  first  fire   $  3 .  00 

Each   additional   fire    1 .  50 

For  other  water  fixtures,  see  factory. 

Boarders  and    Lodgers. 

For  private  house  where  not  more  than  four  boarders  or  lodgers  are 

kept,  add  to  total  family  rates  for  each  regular  boarder  $  1.00 

For  each  table  boarder '. 50 

For  each  roomer  or  lodger   25 


704  REVISED  ORDINANCES.  CHAP.  LV. 

Boarding  or  Lodging   Houses,   Hotels  or  Taverns. 
For  houses  regularly  engaged  in  the  business  and  including  any  pri- 
vate family  keeping  more  than  four  boarders  or  lodgers,  first 

faucet,  for  family  and  four  boarders    $  4 .  00 

For  each  additional   regular  boarder    1.00 

For  each  additional  table  boarder    50 

For  each  additional  lodger   25 

For  first  water  closet,  common  use   4.00 

For  each  additional  water  closet,  common  use 2 .  00 

For  each  urinal,  common  use   3 .  00 

For  each  additional  one,  common  use    1 .  50 

For  first  bath  tub    4 .  00 

For  each  additional  one   2 . 00 

For  each  slop-sink   3 .  00 

For  each  washstand  in  private  room    free 

For  each  water  closet  in  private  room 1 .  50 

For  each  bath  tub  in  private  room   1 .  50 

Boarding  Schools,  Seminaries,  Colleges,  Convents,  Private 

Schools,  Hospitals,  Etc. 

For  first  faucet    $  4 .  00 

For  each  person  over  five  in  number  residing  in  the  building  as  a 

home    1 .  00 

Add  for  each  additional  person  residing  in  the     building     during 

school  term  only 50 

For  first  stationary  wash  stand,  common  use   4.00 

For  each  additional  one  2 .  00 

For  first  water  closet,  common  use 5 .  00 

For  each  additional  one    2 .  50 

For  first  bath  tub,  common  use   5 .  00 

For  each  additional  one    2 .  50 

For   first   urinal    3.00 

For  each  additional  one    1 .  50 

For  each  slop  sink  3 .  00 

For  each  stationary  wash  stand  in  private  room free 

For  each  water  closet,  private  room   1 .  50 

For  each  bath  tub,  private  room  1 .  50 

Book  Bindery. 

First  faucet,  five  hands  or  less   $  5 .  00 

Each  additional  hand    1 .  00 

Each  additional  faucet   free 

For  other  water  fixtures,  see  factory. 

Boilers  for  Heating  Only. 

Rate  on  six  months'  use  only,  private  condensing  $  1.50 


ART.  I.  RATES  CHARGED.  795 

Building   Purposes. 
Each  barrel  of  lime  or  cement  used  $0.03 

Business  Offices,  Blocks,  Houses,  Banks  and  Warehouses. 

(Where  fixture  is  in  ofCice  or  on  first  floor.) 

Five  persons  or  less 

First   faucet    $2.00 

Each  additional  faucet   1 .  00 

Water   closet    3 .  00 

Each  additional  closet    . .  ■. 1 .  50 

Urinal    1.00 

Each  additional  urinal   ■ 50 

'  Ten   persons   and 

Not  less  than  six 

First   faucet    $3.00 

Each  additional  faucet   1.50 

Water  closet    4 .  00 

Each  additional  closet    2 .  00 

Urinal    2 .  00 

Each  additional  urinal   1.00 

Ten  or  more 

First  faucet    $4.00 

Each  additional  faucet    2 . 0.0 

Water   closet    5 .  00 

Each  additional  closet 2 .  50 

Urinal    3.00 

Each  additional  urinal    1 .  50 

Where  fixture  is  outside  of  office  and  used  by  two  or  more  offices 

add  25  per  cent  to  the  above  rate. 
Above  rates  to  apply  separately  to  fixtures  on  each  floor. 
For  washing  store  fronts,  windows  and  sidewalks,  per  front  foot.  . .  .$  0.06 
Above  rates  also  apply  to  wholesale  and  retail  stores  unless  other- 
wise specifically  stated. 

Butcher  Shops. 

(Including  green  groceries.) 

First   faucet    $  5 .  00 

Each  additional   one    2 .  50 

For  use  of  hose,  see  hose ;  for  other  fixtures,  see  factory. 

45 


706  REVISED  ORDINANCES.  CHAP.  LV. 

Brick  Work. 

If  separate  rates  from  whole  buildings,  per  1,000  kiln  count $  0.05 

Club   Roorrs  or  Houses. 

First   Faucet    $  3 .  00 

Each  additional  faucet   ' 1 .  50 

First  water  closet  4 .  00 

Each  additional  closet    2 .  00 

First  urinal  3 .  00 

Each  additional  urinal    1 .  50 

First  bath  tub    5.00 

Each  additional  tub   2 .  50 

Each  washstand  in  bedroom  1.00 

Each  water  closet  in  bedroom   1.50 

Each  bath  tub  in  bedroom   2.00 

If  a  public  bar  is  attached  bar  room  rates  must  be  added. 

Colleges. 

(Medical.) 

For  dissecting  and  chemical  purposes,  each  student  $  0.25 

Confectionery. 

First  faucet,  candy  not  made  on  the  premises   $  5.00 

With  privilege  to  make  candy  for  own  use  only 8.00 

Soda   fountain    2 .  00 

Tumbler  washer,  jet  or  spray 3 .  00 

Self-acting    1 .  25 

Concert  or  Public   Halls. 

Where  seats  are  fixed  and  hall  cannot  be  cleared  for  fairs,  dancing, 

etc.,  first  faucet    $  2 .  00 

Each  additional  faucet   1 .  00 

First  water  closet    3 .  00 

Each  additional   closet    1 .  50 

First    urinal    2 .  00 

Each  additional  urinal    1 .  00 

Where  seats  can  be  removed  and  hall  cleared  for  fairs,  dancing, 

etc.,  first  faucet    3 . 00 

Each  additional  faucet   1 .  50 

First  water  closet    5 .  00 

Each  additional  one  2 .  50 

First  urinal  3 .  00 

Each   additional   one    1 .  50 


ART.  I.  RATES  CHARGED.  707 

Concrete. 

Per  cubic  yard  under  50  cubic  yards $0.06 

50  cubic  yards  and  less  than  250 04 

250  cubic  yards  and  over  02i/^ 

Dining    Halls  or   Rooms,   Eating    Houses,   Restaurants,   Ice  Cream 
Parlors  and   Oyster   Houses. 

First  faucet,  one  table  seating  four $  4 .  00 

Eacti  additional  table 50 

Each  additional  faucet   2 .  00 

First  wash  basin  2 .  00 

Each  additional  one  1 .  00 

First  water  closet  4 .  00 

Each  additional  one  2 .  00 

First  urinal  3.00 

Each  additional  one   1 .  50 

Where  tables  are  not  used,  see  lunch  counter. 

Dairy. 

Each  milk  cow 50 

Washing  milk  cans  in  ordinary  use 5 .  00 

Teams  for  delivery,  each  animal 1 .  00 

Wagons  for  delivery,  washing  each 50 

Dwellings. 

Three   rooms    $3.00 

Each  additional  room    50 

Bath  tub,  hot  and  cold  water 3 .  00 

Each  additional  one    1 .  50 

Water   closet,   self-closing 3.00 

Each   additional  one 1 .  50 

Stable   hydrant    2.00 

Yard  hydrant,  see  hose. 

Horse    1.00 

Cow    75 

Where  water  is  not  connected  into  house,  but  drawn  from  hydrant  in 
yard  one-half  of  above  room  rates. 

Dwelling  house  rates  to  include  the  free  use  of  water  for  all  ordinary 
purposes  not  specified  herein. 

Earthwork. 

Setting,  per  cubic  yard    $  0 .  03 

No  charge  less  than  $3.00. 


708  REVISED  ORDINANCES.  CHAP.  LV. 

Factories  and   Mills. 

Five  hands  or  under 

First  faucet $  2 .  00 

Each  additional   1 .  00 

First  water  closet 3 .  00 

Each  additional  1 .  50 

First  urinal  3.00 

Each  additional   1 .  50 

Bath  tub    5 .  00 

Each  additional  3 .  00 

Ten  hands  and  not  less  than  six 

First  faucet ?  3 .00 

Each  additional  faucet   1 .  50 

First  water  closet  4 .  00 

Each  additional  one  2 .  00 

First  urinal  4.00 

Each  additional  one  2.00 

Bath  tub 6 .  00 

Each  additional  one  3.50 

Over  ten  hands 

First  faucet $  4.00 

Each  additional  one  2 .  00 

First  water  closet 5 .  00 

Each  additional  one   2 .  50 

First  urinal  5 .  00 

Each  additional  one  2 .  50 

Bath  tub    7 .  00 

Each  additional  one  4 .  00 

Above  rates  to  apply  separately  to  fixtures  on  each  floor.  The  above 
rates  also  apply  to  carpenter,  paint,  boot  and  shoe,  tailor,  saddle  and  har- 
ness, weaving,  millinery,  dressmaking  and  overall  shops  and  others  simi- 
lar, and  cigar  and  tobacco  factories. 

Fire  Protection  Fixtures. 

Standpipe  with  hose  attachments,  on  each  floor,  also  tank  and  au- 
tomatic sprinklers,  where  the  same  are  put  in  entirely  at  the 
expense  of  the  property  owner  or  occupant,  shall  be  connected 
with  the  water  mains  and  water  allowed  to  stand  therein  at  all 
times  under  pressure,  free  of  charge,  but  for  a  test  of  one  hour 
duration  or  less,  the  charge  shall  be $  2 .  50 

Fish   House. 

Including  green  groceries,  first  faucet $5.00 

Each  additional  faucet 1 .  25 


ART.  I.  RATES  CHARGED.  709 

Flats. 

Where  fixtures  are  in  apartments  see  dwellings.  If  fixtures  are  with- 
out apartments,  and  used  by  more  than  one  family,  see  boarding  house 
rates. 

Forges. 

See  machine  shops  and  foundries. 

Foundries   and    Machine   Shops. 

First  fire $4.00 

Each  additional  fire 2.00 

Water  fixtures  same  as  factories. 

Fountains. 

Soda  or  mineral  water $  2 .  GO 

Jet  or  spray  tumbler  washer 3.00 

Self-acting   1 .  25 

Hacks. 

Washed  by  hose,  each  vehicle $  1 .  00 

Horses,  each 1 .  00 

Horses. 

See  dwelling  and  stables. 

Hose. 

For  sprinkling  by  hand  yards,  lawns,  garden,  per  front  foot $  0.06 

Sidewalk  and  one-half  of  the  street,  per  running  foot  or  fraction.  ..        .04 

Sprinkling  stand  or  racks  or  hose  supported  in  place  will  be  classed 
as  fountains  for  the  time  water  is  so  used. 

For  washing  store  fronts,  windows  and  sidewalks,  per  front  foot 06 

For  washing  vehicle,  see  dwellings,  stables,  hacks,  dairy,  etc. 

Liquor  House — Wholesale. 

Where  spirits  are  rectified  in  addition  to  a  wholesale  business  add 

for  each  barrel  of  product $0.02 

For  fixtures,  see  business  house. 


710  REVISED  ORDINANCES.  CHAP.  LV. 

Livery  and  Sale  Stables. 

Each  stall    $  1 .  00 

Hose  for  washing  vehicles,  each  vehicle 1 .  00 

Lunch  Counter. 

First  faucet  $4.00 

Each  additional   1.00 

Meat  Market  (or  Shop). 

Including  fish  or  green  groceries,  first  faucet $  5.00 

Each  additional  faucet 1.25 


Meter  Rates,  Payable  Monthly. 

Minimum  annual  meter  charge $12 .  00 

First  5,000  gals.,  per  1,000  gals 30 

Second  5,000  gals.,  per  1,000  gals 25 

Second  10,000  gals.,  per  1,000  gals 20 

Third  10,000  gals.,  per  1,000  gals 15 

Fourth  10,000  gals.,  per  1,000  gals 14 

Fifth  10,000  gals.,  per  1,000  gals 13 

Second  50,000  gals.,  per  1,000  gals 12 

Second  100,000  gals.,  per  1,000  gals 11 

Third  100,000  gals.,  per  1,000  gals 10 

Fourth  100,000  gals.,  per  1,000  gals 09 

Fifth  100,000  gals.,  per  1,000  gals 08 

Additional  500,000  gals.,  or  any  part  thereof,  per  1,000  gals 06 

Where  one  million  gallons  or  more  are  consumed  in  one  month  the 
maximum  rates  shall  be  six  (6)  cents  per  1,000  gallons. 

Meter  rates  apply  to  the  following:  Boilers  for  power  (including 
steam  engines),  boilers  (in  scouring  works  or  dye  houses),  bottle  washers, 
bottling  works,  breweries,  brick  yards,  candy  factories,  cars  (washing), 
street  or  railroad  cars,  cisterns,  distilleries,  dyeing  and  scouring  houses, 
elevators  or  lifts,  engines  (stationary),  fountains  (display  or  ornamental), 
grain  elevators,  feed  yards  and  stables,  gas  works,  grindstones  (run  by 
power),  jet  (for  wetting  stone),  greenhouses,  jails,  laundries,  locomotives, 
milk  houses  or  depots,  packing  houses,  railroads,  soap  works,  slaughter 
houses,  sprinkling  wagons  or  carts,  stock  yards,  vinegar  factories,  wool 
washers  or  dyers  and  water  troughs. 

Newspapers — Daily. 

Composition  rooms,  press  rooms  and  business  office,  first  faucet,  add 
$2.00  to  business  house  rate. 

Additional  water  fixtures  same  as  business  house. 


ART.  I.  RATES  CHARGED.  711 

Office — Job   Printing. 

First  faucet,  add  $4.00  to  business  house  rate. 
Additional  water  fixtures  same  as  business  office. 

Office — Newspaper. 

See  newspapers   (daily). 

Weekly  newspaper  rates  as  job  printing  office,  where  it  does  its  own 
press  work  on  premises,  but  rated  as  business  office  when  press  work  is 
done  outside. 

Opera  House  and  Theatres. 

First  faucet  $  4 .  00 

Each  additional  faucet,  common  use 2 .  GO 

Each  stationary  wash  stand  in  private  room 1.00 

First  water  closet,  common  use 4.00 

Each  additional  one   2 .  00 

Each  water  closet  in  piivate  room 1 .  50 

Each  bath  tub  in  dressing  room 2.00 

First  urinal,  common  use 3 .  00 

Each  additional  one,  common  use 1 .  50 

Plastering. 

Two-coat  work,  per  100  sq.  yds $0.10 

Three-coat  work,  per  100  sq.  yds 15 

Photograph  Gallery. 

First  faucet,  one  operator $  5 .  00 

Each  helper  or  employe 1-25 

Each  additional  faucet 3 .  00 

Printing  Offices. 

See  office  (job  printing),  newspaper  (daily). 

Sleeping  Rooms  Separate  from  Dwelling  Houses,  Lodging  Houses. 

Stationary  wash  stand  $  2 .  00 

Water  closet,  one  person  3.00 

Each  tub,  one  person  3 .  00 

Slop  Sinks. 

Each,  when  clarified   $  3 .  00 


712  REVISED  ORDINANCES.  CHAP.  LV. 

Soda  Fountains. 

Each,  pel'  season  $  2 .  00 

Tumbler  washers,  each  jet  or  spraj' 3 .  00 

Self-acting 1-25 

Stable. 

Boarding,  each  animal   $1.00 

Each  vehicle  washed   1-00 

Club,  each  animal  1-00 

Each  vehicle  washed   1-00 

Carting,  draying  or  job  stables,  each  animal 1.00 

Each  vehicle  washed 1-00 

Stonework. 

Per  perch  of  rubble  work $0.02 

Tenements,  Flats,  Etc. 

Where  fixtures  are  used  separate,  dwelling  house  rates;  where  used  in 
common,  boarding  house  rates;  where  water  fixtures  are  within  family 
apartments,  the  rate  will  be  the  same  as  for  dwellings. 

Tumbler  Washers. 

Each  jet  or  spray  $3.00 

Self-acting   1.25 

Urinals. 

Continuous  flow,  each  (self-closing  always  where  not  otherwise  spec- 
ified)   $  8.00 

First  self-closing  urinal,  where  not  otherwise  rated 3.00 

Each  additional  one  1 .  50 

Vehicles. 

See  stables. 

WATER  CLOSETS. 
Self-closing  always,  where  not  otherwise  specified. 

Special  rates  will  be  given  for  the  use  of  water  for  all  pur- 
poses not  mentioned  in  the  above  schedule. 


ART.  I.  RATES  CHARGED.  713 

Where  two  faucets,  one  hot  and  the  other  cold  water,  empty 
into  the  same  vessel,  such  two  faucets  will  be  rated  as  one  faucet. 

"Where  dwelling  or  sleeping  rooms  are  situated  above  or  be- 
hind apothecaries,  drug  stores,  bakeries,  barber  shops,  butcher 
shops,  bar  rooms,  confectionery,  cigar  factories,  eating  houses, 
laundries,  saloons,  shops,  stores  or  other  places  connected  with  the 
water  sup])ly  and  occupied  or  used  by  the  same  party,  then  the 
rate  as  hereinbefore  named  for  each  dwelling  or  sleeping  room 
shall  be  added  to  the  rate  for  the  apothecary,  drug  store,  bakery, 
barber  shop,  etc.,  whether  the  water  is  connected  in  said  dwell- 
ing or  sleeping  room  or  not. 

The  rate  hereinbefore  named  for  a  faucet  shall  be  held  as 
including  the  sink  or  stationary  wash  stand  under  the  same. 

Whenever  the  word  person  is  used  it  refers  only  to  those  who 
are  over  ten  years  of  age ;  three  children  between  the  ages  of  five 
and  ten  years  will  be  rated  as  one  person  and  children  under  five 
years  will  not  be  counted.  In  enumerating  the  persons  in  stores, 
factories,  shops,  offices,  etc.,  account  will  be  taken  of  only  those 
who  are  regularly  employed  about  the  premises  and  in  no  case 
will  customers  or  patrons  be  counted. 

All  water  fixtures  such  as  faucets,  urinals,  water  closets,  etc., 
are  rated  and  classed  as  self-closing  and  self-acting  in  all  cases 
unless  otherwise  specifically  stated. 

The  above  rates  are  per  annum,  unless  otherwise  specified. 
[G.  0.  No.  623,  Sec.  1]. 


714 


REVISED  ORDINANCES. 


CHAP.  LV 


ARTICLE     II. 

TIME   FOR   PAYMENT— ENFORCEMENT   OF. 


Section 

1277.  Office  to  be  kept,  etc. 

1278.  Water     rates     payable     quar- 
terly. 

1279.  Consumer      refusing      to      pay 

water  rate,  may  be  shut  off. 


Section 

1280.  Tender  of  water  rate  by   con- 

sumer— effect    of. 

1281.  Water  rate  of  consumer  prior 

to  December  10,   1899,   paya- 
ble when. 


Sec.  1277.  Office  to  be  kept,  etc. — The  owner  or  owners  of 
any  system  of  water  works  supplying  water  to  the  city  of  St. 
Joseph  or  the  inhabitants  thereof  shall  keep  an  office  in  said  city 
within  five  squares  of  the  city  hall  with  persons  in  charge  of  said 
office  authorized  and  whose  duty  it  is  to  receive  payment  of 
water  rates  from  private  consumers  of  water  for  the  owner  or 
owners  of  said  system.     [G.  0.  No.  633,  Sec.  1]. 

Sec.  1278.  Water  rates  payable  quarterly. — The  annual 
water  rates  fixed  and  established  by  general  ordinance  No.  623 
shall  be  paid  by  private  consumers  quarterly  in  advance  (except 
meter  rates)  as  follows:  From  January  first  to  tenth  day;  April 
first  to  tenth  day;  July  first  to  tenth  day,  and  October  first  to 
tenth  of  each  year.  Meter  rates  shall  be  paid  monthly.  [G.  0. 
No.  633,  Sec.  2]. 

Sec.  1279.  Consumer  refusing  to  pay  water  rate,  may  be 
shut  off. — If  any  private  consumer  of  water  shall  refuse  to  pay 
for  water  supply  at  said  water  rates  and  within  the  time  fixed 
herein  by  section  1276,  then  those  operating  the  waterworks  sys- 
tem in  the  city  of  St.  Joseph  shall  have  the  right  to  turn  the 
water  off,  and  before  such  private  consumer  can  compel  them  to 
turn  the  water  on  again  shall  first  pay  all  arrearages  and  one 
dollar  in  addition  thereto.      [G.  0.  No.  633,  Sec.  3]. 


Sec.  1280.  Tender  of  water  rate  by  consumer,  effect  of. — 
Any  person  who  shall  turn  the  water  off  from  the  premises  of  any 
private  consumer  of  water,  thereby  depriving  such  consumer  of 
a  supply  of  water  after  such  consumer  has  tendered  to  the  per- 


ART.  II.  TIME  FOR  PAYMENT.  715 

son  ill  charge  of  the  office  of  the  waterworks  system  supplying 
the  water  amount  due  up  to  the  first  day  of  the  next  quarter,  shall 
be  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars.  And  it  is  hereby 
made  the  duty  of  the  city  engineer  of  the  city  of  8t.  Joseph  to  at 
once  turn  the  water  on  for  any  private  consumer  who  shall  make 
complaint  to  him  that  tender  of  amount  of  water  rates  has  been 
made  as  herein  provided  to  person  or  persons  in  charge  of  office 
of  the  waterworks  system :  Provided,  that  such  private  consumer 
of  water  shall  then  and  there  deposit  with  the  city  engineer  said 
amount  then  due  for  water  supply,  for  which  he  shall  give  such 
private  consumer  of  water  his  receipt,  and  the  city  engineer  shall 
deposit  the  same  with  the  city  treasurer,  who  shall  hold  same 
subject  to  the  order  of  those  operating  the  waterworks  system. 
[G.  0.  No.  633,  Sec.  4]. 

Sec.  1281.  Water  rate  of  consumer  prior  to  December  10, 
1899,  payable,  when. — All  private  consumers  of  water  who  are 
or  may  become  indebted  for  a  supply  of  water  after  December 
10th.  1899,  and  prior  to  January  1st,  1900,  shall  pay  same  on  or 
before  January  1st,  1900.      [G.  0.  No.  633,  Sec.  5].      . 


716  REVISED  ORDINANCES.  CHAP.  LVI. 


CHAPTER     LVI 


WOOD. 


Section 
1282.     Ticket,    shall    be    delivered    to 
purchaser,  etc. 


Section 

1283.  Cord  of  wood  defined. 

1284.  Penalty. 


Sec.  1282.  Purchaser  entitled  to  ticket,  etc. — Every  person 
keeping  a  wood  yard  and  selling  wood  in  small  quantities  shall 
deliver  to  the  purchaser  thereof  a  ticket,  setting  forth  the  quantity 
so  sold  in  cords  and  fractional  cords  and  shall  deliver  the  quantity 
set  forth  in  said  ticket.     [R.  0.  1S97,  Chap.  79,  Sec.  1]. 

Sec.  1283.  Cord  of  wood  defined. — A  cord  of  wood  shall  con- 
sist of  one  hundred  and  twenty-eight  cubic  feet.  [R.  0.  1897, 
Chap.  79,  Sec.  2]. 

Sec.  1284.  Penalty. — Any  person  delivering  a  less  quantity 
than  set  forth  in  said  ticket,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  of  not 
less  than  ten  nor  more  than  fifty  dollars.     [R.  0.  1897,  Chap.  79, 

Sec.  3]. 


WORKHOUSE. 


717 


CHAPTER     LVII 


WORKHOUSE. 


Section 

1285.  Workhouse,    establishment   of. 

1286.  Superintendent,       power      and 

duty  of. 

1287.  Superintendent,       appointment 

of;  bond,  etc. 

1288.  Duty    of    officers    on    commit- 

ment or  release  of  prisoners. 

1289.  Chief  of  police  to  keep  a  rec- 

ord,   etc. 

1290.  Discharge     of     prisoners;     es- 

cape. 

1291.  Superintendent  to  keep  a  rec- 

ord and  report  monthly. 

1292.  Prisoners  required  to  labor. 

1293.  Prisoners  must  be  fed. 

1294.  Duty     of     health      officer     at 

workhouse. 

1295.  Rules     of    discipline    shall    be 

enforced. 


Section 
1296.     Prisoners  must  obey  orders. 

Penalty    for    obstructing,    etc., 

officers,  etc. 
Articles      produced      may      be 

sold. 
Supplies;    what    furnished    by 

city,    to  be  purchased. 
Committee    to   examine  books. 
Punishment     for     refusing     to 

work,  etc. 
Prisoner    credited    at    rate    of 

one  dollar  per  day. 
Sexes  to  be  separated. 
Records   to   be  turned   over   to 

successor. 
Moneys    received    to    be    paid 

over. 
Inventory    of    property    to    b« 

returned  to  comptroller. 


1297. 


1298. 


1299. 


1300. 
1301. 


1302 


1303. 
1304. 


1305. 


1306. 


Sec.  1285.  Workhouse,  establishment  of. — The  building  and 
enclosures  erected  and  now  standing,  together  with  any  addition 
that  may  be  made  thereto  on  lots  numbered  two,  three,  four,  five 
and  six,  in  block  numbered  thirty-one,  in  Robidoux's  addition 
to  the  Original  Town,  now  city  of  St.  Joseph,  heretofore  estab- 
lished as  a  workhouse  for  said  city,  is  hereby  declared  to  be  the 
workhouse  for  the  confinement  of  persons  duly  committed  for 
any  cause  by  the  chief  of  police,  under  the  authority  of  any  exe- 
cution or  warrant  of  commitment  issued  by  the  judge  of  the 
police  court  of  the  city.      [R.  0.  1S97,  Chap.  80,  Sec.  1]. 


Sec.  1286.  Superintendent,  power  and  duty  of. — The  super- 
intendent of  the  workhouse  is  hereby  declared  to  be  the  keeper 
of  the  same,  and  shall  have  superintendence  and  control  of  all 
persons  detained  therein,  and  furnish  subsistence  to  the  persons 
therein  confined,  and  shall  have  the  custody,  rule,  charge  and  the 
keeping  of  the  same,  and  of  all  fixtures,  tools  and  other  property 
pertaining  thereto;  and  he  shall  superintend  the  labor,  safe-keep- 
ing and  employment  of  the  prisoners  in  and  about  the  workhouse 
[R.  0.  1897,  Chap.  80,  Sec.  2]. 


718  REVISED  ORDINANCES.  CHAP.  LVII. 

Sec.    1287.     Superintendent,    appointment    of — bond,    etc.— 

At  the  first  stated  session  of  the  common  council,  every  two  years, 
it  shall  be  the  duty  of  the  mayor  to  appoint  by  and  with  the 
consent  of  the  common  council,  some  competent  person  as  super- 
intendent of  the  workhouse.  He  shall  perform  such  duties  relat- 
ing to  his  office  as  are  and  may  be  enjoined  upon  him  by  ordi- 
nance. He  shall  receive  a  stated  annual  salary,  payable  in 
monthly  installments,  and  shall  also  receive  pay  for  the  subsis- 
tence of  the  prisoners  confined  in  said  city  workhouse,  which  pay 
for  subsistenc'e,  at  a  stated  rate  per  day,  shall  be  fixed  in  the 
general  appropriation  ordinance  for  each  year;  and  he  shall  be 
entitled  to  no  other  fees  or  emoluments  whatsoever.  And  before 
entering  upon  the  duties  of  his  office  shall  execute  a  bond  to 
the  city  of  St.  Joseph,  in  the  penal  sum  of  two  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  the  of- 
fice, as  herein  provided.     [R.  0.  1897,  Chap.  80,  Sec.  3]. 

Sec.  1288.  Duty  of  officers  on  commitment  or  release  of 
prisoners. — Whenever  the  chief  of  police  shall  commit  any  person 
to  the  workhouse,  under  the  authority  of  any  execution  or  war- 
rant of  commitment  issued  by  the  judge  of  the  police  court,  he 
shall  deliver  to  the  superintendent  thereof  a  copy  of  the  execu- 
tion or  warrant  of  commitment  under  which  such  commitment  is 
made,  and  he  shall  endorse  thereon  the  amount  of  money  or  other 
property  in  his  possession  belonging  to  the  prisoner ;  and  the  said 
superintendent  shall  endorse  a  receipt  for  the  prisoner  on  the 
execution  held  by  the  chief  of  police,  and  no  person  shall  be  re- 
leased from  the  workhouse  by  the  superintendent  thereof,  except 
upon  the  certificate  of  the  chief  of  police,  as  hereinafter  provided, 
or  by  an  order  of  the  mayor:  and  in  no  ease,  unless  the  fine  and 
costs  assessed  against  the  prisoner  are  paid,  or  the  same  have  been 
remitted  by  the  common  council,  Avhich  facts  must  be  stated  in  the 
certificate  of  the  chief  of  police  or  order  of  the  mayor  releasing 
the  prisoner.  The  superintendent  shall  return  each  certificate 
of  the  chief  of  police  and  order  of  the  mayor  releasing  the  pris- 
oners to  the  comptroller  at  the  same  time  he  makes  his  monthly 
report,  hereinafter  required.      [R.  0.  1897,  Chap.  80,  Sec.  4]. 

Sec.  1289.  Chief  of  police  to  keep  a  record,  etc. — The  chief 
of  police  shall,  upon  committing  any  person  to  the  workhouse  as 
aforesaid,  in  a  book  to  be  kept  for  that  purpose,  register  the  name, 


WORKHOUSE.  719 

age,  height,  sex,  color  and  nativity  of  such  ])erson,  with  the  date 
of  such  committal  and  the  amount  of  the  tine  and  costs  for  wliich 
such  person  was  committed ;  and  upon  the  payment  to  the  chief 
of  police  the  amount  due  on  any  such  execution,  or  whenever  any 
prisoner  shall  be  otherwise  legally  entitled  to  a  discharge,  the 
chief  of  police  shall  certify  that  fact  to  the  superintendent  of 
the  workhouse,  who  shall  carefully  preserve  said  certificate,  and 
thereupon  discharge  the  prisoner  named  therein.  R.  0.  1897, 
Chap.  80,  Sec.  5]. 

Sec.  1290.  Discharge  of  prisoners — escape. — It  shall  be  the 
duty  of  the  superintendent  of  the  workhouse,  at  the  expiration 
of  the  term  of  imiorisonment  of  each  person  confined  in  the  city 
workhouse,  to  conduct  each  person  to  the  office  of  the  chief  of 
police,  and  report  to  him  the  fact  of  such  expiration,  and  receive 
from  him  a  written  discharge  for  such  prisoner ;  and  when  any 
person  confined  in  the  city  workhouse  shall  escape  therefrom,  the 
superintendent  shall  forthwith  give  the  chief  of  police  notice 
thereof.      [R.  0.  1897,  Chap.  80,  Sec.  6] . 

Sec.  1291.  Superintendent  to  keep  a  record  and  report 
monthly. — The  superintendent  of  the  workhouse  shall  keep  a 
record  in  wliich  he  shall  enter  the  name  of  every  person  committed 
thereto,  and  shall  also  enter  thereon  the  age,  height,  sex,  color  and 
nativity  of  each  person  committed,  the  date  of  such  committal  and 
the  number  of  days  labor  which  the  prisoner  must  give  to  dis- 
charge the  fine  and  costs ;  and  shall,  on  the  first  day  of  each  month, 
make  a  detailed  statement,  duly  sworn  to  by  him,  of  all  persons 
who  have  been  confined  therein  during  the  previous  month,  the 
number  of  days  of  their  several  confinements  during  said  month, 
and  the  number  of  days'  service  performed,  and  the  value  and  de- 
scription of  the  work  performed  by  them  in  detail,  the  sex  and 
nativity  of  all  the  prisoners,  together  with  the  names  of  all  per- 
sons discharged  or  released  during  said  month,  and  by  what 
authority,  the  number  of  days  and  parts  of  days  each  and  every 
prisoner  confined  in  the  workhouse  has  been  furnished  food,  and 
the  number  of  meals  furnished  each  prisoner;  which  said  report 
shall  be  filed  in  the  office  of  the  city  comptroller.  [R.  0.  1897, 
Chap.  80,  Sec.  7]. 


720  REVISED  ORDINANCES.  CHAP.  LVII. 

Sec.  1292.  Prisoners  required  to  labor. — Upon  the  committal 
of  any  person  to  the  workhouse,  the  superintendent  thereof  shall 
divest  such  person  of  all  articles  of  value  and  all  unnecessary 
wearing  apparel,  which  shall  be  registered  in  a  book  to  be  kept 
for  that  purpose,  and  shall  be  returned  to  the  owner  upon  his 
being  discharged.  It  shall  be  the  duty  of  the  superintendent  of 
the  workhouse  to  cause  all  male  prisoners  confined  therein  to  be 
kept  at  labor  at  least  eight  hours  in  each  day  (except  Sunday), 
within  the  limits  of  the  city  workhouse  and  grounds,  at  such 
public  work  for  the  city  as  the  mayor  and  common  council  may 
from  time  to  time  direct.     [R.  0.  1897,  Chap.  80,  Sec.  8]. 

Sec.  1293.  Prisoners  must  be  fed. — The  workhouse  shall  at 
all  times  be  kept  clean,  in  good  order  and  in  a  healthy  condition; 
and  the  superintendent  shall  furnish  the  prisoners  confined  therein 
with  a  sufficient  supply  of  good  and  wholesome  food,  three  times 
each  day,  for  which  he  shall  be  allowed  such  price  per  diem,  for 
each  prisoner,  as  the  common  council  may  prescribe.  [R.  0.  1897, 
Chap.  80,  Sec.  10] . 

Sec.  1294.  Duty  of  health  officer  at  workhouse. — Whenever 
any  prisoner  is  sick,  the  superintendent  shall  immediately  notify 
the  health  officer  of  the  fact,  and  he  shall  forthwith  visit  the  sick 
prisoner  and  see  that  he  is  furnished  with  proper  food,  medicines 
and  care ;  the  health  officer  may,  if  he  deem  it  necessary,  have 
any  sick  prisoner  conveyed  to  the  city  hospital,  and  when  any 
prisoner  taken  to  the  city  hospital  shall,  in  the  opinion  of  the 
health  officer,  have  sufficiently  recovered  to  be  able  to  work,  he 
shall,  if  his  term  of  sentence  shall  not  have  already  expired,  be 
recommitted  to  the  workhouse,  to  work  out  the  remainder  of 
his  fine  and  costs ;  the  health  officer  shall  at  least  every  two 
weeks,  visit  the  dining  room  of  the  prisoners,  during  meal  time, 
and  if,  in  his  opinion  the  food  of  the  prisoners  is  not  sufficient  or 
proper,  he  shall  immediately  report  the  fact  to  the  common 
council :  and  he  shall  also  inspect  the  dormitories  and  water 
closets  and  make  such  recommendations  in  relation  to  the  food 
and  sanitary  condition  of  the  dormitories  and  water  closets  as 
may  be  requisite  for  the  health  of  the  prisoners.  [R.  O.  1897, 
Chap.  80,  Sec.  11]. 


WORKHOUSE.  721 

Sec.  1295.  Rules  of  discipline  shall  be  enforced. — The  super- 
intendent of  the  workhouse  may  adopt  rules  of  discipline  to  be 
approved  by  the  workhouse  committee;  he  shall  read  said  rules 
to  each  person  committed,  at  the  time  of  his  or  her  reception,  and 
shall  also  keep  posted  in  conspicuous  places  in  and  about  the 
workhouse,  printed  copies  of  such  rules,  and  it  shall  be  the  duty 
of  said  superintendent  to  rigidly  enforce  said  rules  and  to  main- 
tain toward  persons  under  his  charge  a  uniformly  humane  and 
dignified  deportment.      [R.  0.  1897,  Chap.  80,  Sec.  12]. 

Sec.  1296.  Prisoner  must  obey  orders. — Every  prisoner  com- 
mitted to  the  workhouse  shall  obey  the  superintendent  thereof  in 
all  his  lawful  commands,  and  shall  not  molest  or  hinder  him  in  the 
discharge  of  his  duty,  and  shall  not  escape  or  attempt  to  escape, 
or  assist  others  to  escape  or  attempt  to  escape  therefrom,  or  de- 
stroy or  injure  any  property  appertaining  to  the  workhouse,  and 
shall  not  transgress  or  violate  the  rules  of  discipline  or  any  of 
them.  Any  person  violating  any  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
subject  to  a  fine  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars.     [R.'O.  1897,  Chap.  80,  Sec.  13]. 

Sec.  1297.  Penalty  for  obstructing,  etc.,  officer,  etc.^The 
superintendent,  any  officer  of  the  workhouse  or  any  member  of 
the  police  or  fire  departments,  may  arrest  without  warrant  any 
person  who  shall  have  escaped  from  the  W'Orkhouse  or  any  person 
found  trespassing  upon  the  workhouse  grounds  or  premises,  or 
attempting  to  rescue  any  prisoner,  or  assisting  or  attempting  to 
assist  any  prisoner  to  escape,  or  hindering  or  obstructing,  or  at- 
tempting to  hinder  or  obstruct  the  superintendent,  guards  or 
other  officers  of  the  workhouse  in  the  lawful  discharge  of  their 
duties ;  and  any  person  who  shall  molest  or  interfere  with  the  said 
superintendent,  guards  or  other  officers  of  the  workhouse,  or 
prisoners  in  their  custody  or  charge,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars.  [R.  0.  1897, 
Chap.  80,  Sec.  14]. 

Sec.  1298.  Articles  produced  may  be  sold. — The  superin- 
tendent may,  with  the  consent  of  the  comptroller  and  the  com- 


722  REVISED  ORDINANCES.  CHAP.  LVH. 

mittee  on  workhouse,  sell  or  otherwise  dispose  of  any  article  used, 
made  or  produced  in  or  about  the  workhouse,  and  shall  pay  the 
proceeds  into  the  city  treasury,  to  be  placed  to  the  credit  of  the 
general  fund.     [R.  0.  1897,  Chap.  80,  Sec.  15] . 

Sec.  1299.  Supplies;  what  furnished  by  city,  to  be  pur- 
chased.— The  superintendent  of  the  Avorkhouse  shall  have  the  use 
of  the  kitchen  and  cooking  utensils  of  the  city  at  the  workhouse. 
He  shall  furnish  everything  necessary  for  the  sustenance  and  com- 
fort of  the  prisoners,  which  shall  include  fuel  for  cooking  pur- 
poses and  bedding  for  the  dormitory.  The  city  shall  furnish 
fuel  for  heating  purposes,  light  and  water  for  the  city  workhouse, 
and  also  medicines  and  necessary  boots  and  shoes  and  clothing 
for  the  prisoners.  Provided,  that  no  purchases  on  account  of  the 
city  shall  be  made  without  the  written  consent  of  the  workhouse 
committee.      [R.  O.  1897,  Chap.  80,  Sec.  16]. 

Sec.  1300.  Workhouse  committee  to  examine  books  and  ac- 
counts.— The  committee  on  workhouse  shall,  once  in  every  month, 
inspect  said  workhouse  and  its  management,  examine  the  books 
and  accounts  of  the  superintendent,  and  "report  at  once  to  the 
common  council,  in  writing  any  neglect  or  violation  of  the  duties 
and  obligations  of  the  superintendent,  any  officer  or  employe 
of  the  workhouse.     [R.  0.  1897,  Chap.  80,  Sec.  17]. 

Sec.  1301.  Punishment  for  refusing  to  work,  etc. — Any  per- 
son who  shall  refuse  to  work,  or  who  shall  behave  in  a  riotous  or 
disorderly  manner,  or  shall  resist  or  attempt  to  escape  from  the 
workhouse,  may  be  committed  to  close  and  solitary  confinement, 
and  may  be  fed  on  bread  and  water  until  he  consents  to  perform 
his  duty ;  and  may,  if  necessary,  be  put  in  irons ;  but  the  work- 
house committee  shall  have  power  to  control  the  superintendent 
in  the  extent  and  manner  of  punishment.  [R.  O.  1897,  Chap.  80, 
Sec.  18]. 

Sec.  1302.     Prisoner  credited  at  the  rate  of  $1  per  day. — 

Any  male  person  committed  to  said  workhouse  for  the  non-pay- 
ment of  any  fine  imposed  by  the  judge  of  the  police  court,  shall 
be  credited  at  the  rate  of  one  dollar  per  day.  If  any  person 
shall  be  sick  and  shall  in  the  opinion  of  the  health  officer  be 
unable  to  work,  he  shall  be  allowed  his  time  as  though  he  had 


WORKHOUSE.  723 

worked.  Male  prisoners  who  cannot  work,  by  reason  of  the  in- 
clemency of  the  weather,  shall  nevertheless  be  allowed  a  credit 
as  though  they  had  worked :  Provided,  that  any  male  person 
committed  to  said  workhouse  who  shall  break  more  than  one 
square  yard  of  rock  in  any  one  day,  shall,  in  addition  to  the  one 
dollar  per  day  herein  allowed,  be  credited  at  the  rate  of  one 
dollar  for  each  additional  square  yard  of  rock  broken  by  him  in 
excess  of  one  square  yard  per  day  and  proportionately  for  a  less 
amount.     [G.  0.  No.  655,  Sec.  1]. 

Sec.  1303.  Sexes  to  be  separated. — The  superintendent  shall 
not  permit  male  and  female  prisoners  to  occupy  the  same  apart- 
ments.    [R.  0.  1897,  Chap.  80,  Sec.  20] . 

Sec.   1304.    Records  to  be  turned  over  to  successor. — All 

records  required  to  be  kept  by  the  superintendent  shall  be  pre- 
served and  by  him  turned  over  to  his  successor.  [R.  0.  1897, 
Chap.  80,  Sec.  21]. 

Sec.  1305.  Moneys  received  to  be  paid  over. — The  superin- 
tendent shall  pay  all  moneys  received  by  him  belonging  to  the 
city  into  the  city  treasury  on  the  last  business  day  in  each  month, 
and  shall  take  triplicate  receipts  therefor  from  the  city  treasurer, 
one  of  which  he  shall  file  with  the  city  auditor,  one  with  the 
comptroller  and  the  other  retain.     [R.  0.  1897,  Chap.  80,  Sec.  22] . 

Sec.  1306.  Inventory  of  property  to  be  returned  to  comp- 
troller.— The  superintendent  shall,  at  the  end  of  each  year,  make 
and  return  to  the  city  comptroller,  duly  verified,  a  complete  inven- 
tory of  all  personal  property  of  the  city,  which  was  delivered  to 
him  by  his  predecessor  in  office,  and  all  property  delivered  to  him 
during  the  year,  and  remaining  in  his  possession  on  the  last  day 
of  the  fiscal  year,  together  with  such  other  facts  as  the  comp- 
troller may  require.     [R.  0.  1897,  Chap.  80,  Sec.  23] . 


724  REVISED  ORDINANCES 


THE  CITY  OF  ST.  JOSEPH 

INCORPORATED  AS  A 

CITY  OF  THE  SECOND  CLASS. 


AN  ORDINANCE  PROVIDING  THAT  THE  CITY  OF  SAINT  JOSEPH 
BE  INCORPORATED  AS  A  CITY  OF  THE  SECOND  CLASS. 


Section  Section 

1.      Incorporating  as  a    city  of  the  sec-  7.     Proclamation     by     acting     mayoi 

end  class.  submitting  ordinance  to  voters. 

2.  Ordinance     to  b'^  rati'i-'l  liy   voters.  8.     Proclamtion    by    the    mayor    sub- 

3.  Proclamation    for    election    to   be  mitting  ordinance  to  voters. 

issued  by  mayor.  9.     Proclamation  of  mayor  declaring 

4.  Ticlfets   to   be   printed.  result  of  election  and  proclaim- 

5.  Tickets,  how  voted.  ing  incorporation  as  a  city  of  the 
€.     Votes    to    be    counted    and    result  second  class. 

proclaimed. 


Be  it  Ordained  by  the  City  of  Saint  Joseph : 

Section  1.  Incorporating-  as  city  of  second  class. — That  the 
city  of  Saint  Joseph  be  incorporated  under  the  provisions  of  the 
general  law  provided  for  the  government  of  cities  of  the  second 
class  in  article  3,  chapter  89,  Revised  Statutes  (1879),  of  Missouri, 

Sec.  2.  To  be  ratified  by  voters. — That  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  approval 
and  its  ratification  and  adoption  by  a  majority  of  the  qualified 
voters  of  the  city  voting  at  an  election  to  be  held  for  that  pur- 
pose. 

Sec.  3.  Proclamation  of  election. — The  mayor  shall,  within 
five  days  after  the  passage  and  approval  of  this  ordinance,  issue 
Ms  proclamation  that  at  the  general  election  of  this  city  to  be  held 
■on  the  first  Tuesday  after  the  first  Monday  in  April,  the  same  be- 
ing April  7th,  1885 ;  which  proclamation  shall  be  filed  with  the 
city  register  and  by  him  duly  recorded  and  preserved ;  that  at 
said  election  the  said  qualified  voters  shall  vote  for  the  rejection 
or  adoption  of  this  ordinance. 


CITY  OF  TFE  SECOND  CLASS  725 

Sec.  4.     Tickets  to  be  printed. — The  city  register  is  required 

to  have thousand  tickets  printed  and  deliver  them  in  equal 

quantities  to  each  polling  place  within  the  city  before  the  polls 
open  on  April  7th,  1885.  Said  tickets  shall  have  printed  thereon 
these  words:     "For  city  of  second   class-.     Yes.     No." 

Sec.  5.  How  voted. — Every  qualified  voter  in  favor  of  rati- 
fying this  ordinance  may  at  such  election  deposit  one  of  these 
ballots.  "For  city  of  second  class,  yes,"  and  every  qualified 
voter  opposed  to  such  ratification  may  deposit  at  said  election  one 
of  these  ballots:     "For  city  of  second  class,  no." 

Sec.  6.  Counting  votes;  result. — After  such  election  the 
vote§  shall  be  duly  canvassed,  and  the  number  for  and  against  the 
adoption  of  this  ordinance  shall  be  made  a  matter  of  record,  and 
if  a  majority  of  the  votes  cast  are  "for  city  of  second  class,"  then 
the  mayor  shall  issue  his  proclamation  so  declaring  the  result  of 
such  election. 

Approved  March  10th,  1885. 

SAMUEL  WESTHEIMER, 
[Seal.]         Attest,  Acting  Mayor. 

F.  M.  TUFTS,  Register. 

PROCLAMATIONS. 

Sec.  7.  By  acting  mayor. — Mayor's  Office,  City  Hall,  St. 
Joseph,  Mo.,  March  11,  1885.  Whereas,  it  is  provided  by  law  that 
any  city  or  town  in  this  state,  existing  by  virtue  of  any  local  or 
special  law,  may  elect  to  become  a  city  and  be  incorporated  in  the 
class  to  which  its  population  would  entitle  it  under  the  provisions 
of  chapter  89,  article  1,  of  Revised  Statutes  [1879],  of  the  state  of 
Missouri ; 

And  whereas,  the  city  council  of  the  city  of  Saint  Joseph, 
state  of  Missouri,  enacted  an  ordinance  providing  that  the  city  of 
Saint  Joseph  be  incorporated  as  a  city  of  the  second  class,  which 
was  approved  March  10,  1885 ; 

And  whereas,  it  is  provided  that  the  proposition  shall  be  sub- 
mitted to  the  legal  voters  of  the  city  at  an  election  to  be  held  for 
that  purpose,  not  less  than  twenty  nor  more  than  thirty  days  after 
the  passage  of  such  ordinance  or  proposition  ; 


726  REVISED  ORDINANCES. 

Now,  therefore,  I,  Samuel  Westheimer,  acting  mayor  of  the 
city  of  Saint  Joseph,  do  hereby  announce  and  proclaim  that  on 
tthe  first  Tuesday  after  the  first  Monday  in  April  next,  the  same 
being  Tuesday,  the  7th  day  of  April,  A.  D.  1885,  an  election  will 
be  held  for  the  purpose  of  deciding  whether  the  city  of  Saint  Jo- 
seph shall  be  incorporated  undey  the  provisions  of  the  general  law 
provided  for  the  government  of  cities  of  the  second  class,  and 
upon  that  day  the  same  will  be  submitted  to  the  legal  voters  of 
the  city,  and  every  qualified  voter  in  favor  of  ratifying  this  ordi- 
nance may  at  such  election  deposit  a  ballot  "for  city  of  second 
class,  yes,"  and  every  qualified  voter  opposed  to  ratifying  this  or- 
dinance may  deposit  at  said  election  a  ballot  "for  city  of  second 
class,  no." 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph,  state 
of  Missouri,  the  11th  day  of  March,  A.  D.  1885. 

SAMUEL  WESTHEIMER, 
Attest:  Acting  Mayor. 

F.  M.  TUFTS,  City  Register. 

Sec.  8.  Proclamation  by  mayor. — Mayor's  Office,  City  Hall, 
Saint  Joseph,  Missouri,  March  26th,  1885.  By  virtue  of  the  au- 
thority in  me  vested  by  the  charter  and  ordinances  of  the  city  of 
Saint  Joseph,  state  of  Missouri,  I,  H.  R.  W.  Hartwig,  mayor  of  the 
city  of  Saint  Joseph,  do  hereby  order  and  direct  that  an  election 
be  held  at  the  usual  places  of  voting  in  the  several  districts  of  each 
ward  in  the  city  of  Saint  Joseph,  on  the  Tuesday  after  the  first 
Monday  in  April,  A.  D.  1885,  the  same  being  Tuesday,  the  7th  day 
of  April,  1885.  *  *  *  Also  for  the  purpose  of  approving  or  re- 
jecting an  ordinance  providing  that  the  city  of  Saint  Joseph  be 
incorporated  as  a  city  of  the  second  class.  Approved  March  10th, 
1885.  Every  qualified  voter  in  favor  of  ratifying  this  ordinance 
may  at  such  election  deposit  a  written  or  printed  ballot  in  this 
form,  "for  city  of  second  class,  yes;"  and  every  qualified  voter 
opposed  to  such  ratification  may  deposit  at  said  election  a  writ- 
ten or  printed  ballot  in  this  form  "for  city  of  second  class,  no." 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph,  state  of 
Missouri,  this  26th  day  of  March,  1885. 

[Seal.]  H.  R.  W.  HARTWIG, 

Attest :  Mayor. 

F.  M.  TUFTS,  City  Register. 


CITY  OF  THE  SECOND  CLASS.  727 

Sec.  9.  Proclamation  by  mayor  declaring  incorporation  as  a 
city  of  second  class. — Whereas,  it  is  provided  by  chapter  89,  arti- 
cle 1,  of  Statutes  [1879]  of  Missouri,  that  any  city  in  this  state 
existing  by  virtue  of  any  special  law,  may  elect  to  become  a  city 
of  the  class  to  which  its  population  would  entitle  it  under  the 
provisions  of  this  article,  by  passing  an  ordinance  or  proposition 
and  submitting  the  same  to  the  legal  voters  of  such  city  at  an  elec- 
tion to  be  held  for  that  purpose,  and  if  a  majority  of  such  voters 
voting  at  such  election  shall  ratify  such  ordinance  or  proposition, 
the  mayor  of  such  city  shall  issue  his  proclamation  declaring  the 
result  of  such  election,  and  thereafter  such  city  shall,  by  virtue  of 
such  vote,  be  incorporated  under  the  provisions  of  the  general 
law  provided  for  the  government  of  the  class  to  which  such  city 
belongs ;  which  class  shall  be  determined  by  the  last  census  taken, 
whether  state  or  national ; 

And  whereas,  at  an  election  held  for  that  purpose  in  the  city 
of  Saint  Joseph,  state  of  Missouri,  on  Tuesday,  the  7th  day  of 
April,  A.  D.  1885,  not  less  than  twenty  nor  more  than  thirty  days 
after  the  passage  of  an  ordinance  or  proposition  entitled  "an  ordi- 
nance providing  that  the  city  of  Saint  Joseph  be  incorporated  as  a 
city  of  the  second  class, ' '  which  was  approved  March  10th,  1885, 
the  whole  number  of  legal  voters  voting  at  such  election  was 
thirty-three  hundred  and  fifty-nine,  and  of  these  legal  voters  there 
were  twenty-nine  hundred  and  ninety-six  voted  in  favor  of  said 
proposition  or  ordinance,  being  a  majority  of  such  voters  voting 
at  such  election,  ratifying  the  same; 

And  whereas,  the  city  of  Saint  Joseph,  by  the  last  national 
census,  contained  more  than  twenty  and  less  than  one  hundred 
thousand  inhabitants,  entitling  it  under  the  provisions  of  said 
article  to  be  a  city  of  the  second  class : 

Therefore,  I,  H.  R.  W,  Hartwig,  mayor  of  the  city  of  Saint 
Joseph,  by  virtue  of  the  power  in  me  vested,  and  in  accordance 
with  the  statute  aforesaid,  declare  the  result  of  such  election  as 
ratifying  such  ordinance  or  proposition,  and  proclaim  the  city  of 
Saint  Joseph  incorporated  under  the  provisions  of  the  general 


728  REVISED  ORDINANCES 

law  provided  for  the  government  of  cities  of  the  second  class. 

Done  at  the  mayor's  office  in  the  city  of  Saint  Joseph,  and 
state  of  Missouri,  this  the  9th  day  of  April,  A.  D.  1885. 

[Seal]  H.  R.  W.  HART  WIG, 

Attest :  Mayor. 

F.  M.  TUFTS,  Register. 

SPECIAL   ORDINANCE   NO.    415G. 

AN  ORDINANCE  authorizing  James  M.  Wilson,  city  counselor, 
to  compile,  revise  and  codify  all  necessary  ordinances  of  the 
city  of  Saint  Joseph,  and  also  to  codify  and  annotate  all  laws 
of  the  state  which  pertain  to  said  city,  and  to  superintend  the 
printing  thereof,  and  appropriating  the  sum  of  $2,000  to  pay 
for  said  printing  and  for  such  clerical  services  as  may  be  re- 
quired. 

I 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  St.  Joseph, 
as  follows: 

Section  1.  James  M.  Wilson,  city  counselor,  is  hereby  au- 
thorized to  compile,  revise  and  codify  all  necessary  ordinances  of 
the  city  of  St.  Joseph,  and  also  to  codify  and  annotate  all  laws  of 
the  state  which  pertain  to  said  city,  and  to  superintend  the  print- 
ing thereof  in  book  form.  The  said  James  M.  Wilson  is  hereby 
authorized  to  employ  such  clerical  force  as  may  be  necessary  in 
said  work  of  compiling,  revising,  codifying  and  annotating  said 
ordinances  and  laws,  and  in  preparing  the  same  to  be  printed,  and 
he  is  hereby  further  authorized  to  incur  any  necessary  expense 
in  and  about  said  work,  all  of  which  shall,  before  being  paid  out 
of  the  money  hereinafter  appropriated,  be  approved  by  the  revis- 
ion committee  heretofore  appointed. 

Sec.  2.  For  the  purposes  mentioned  in  section  1  of  this  ordi- 
nance the  sum  of  two  thousand  dollars  ($2,000.00)  is  hereby  ap- 
propriated out  of  the  contingent  and  incidental  fund,  to  be  paid 
out  only  upon  bills  approved  by  James  M.  Wilson  and  the  revision 
committee  hereinabove  referred  to. 

Sufficient  unappropriated  means  stand  to  the  department  of 


CITY  OF  THE  SECOND  CLASS  729 

the  general  fund  named  in  the  foregoing  ordinance  to  meet  its  re- 
quirements, and  the  same  is  in  the  treasury. 

THOMAS  R.  ASHBROOK, 

Comptroller. 
Approved  October  25th,  1904. 
[SEAL]  WM.  E.  SPRATT, 

Mayor. 
Attest : 

FRANK  W.  BEACH, 
City  Clerk. 


730  INDEX. 


INDEX    TO    CHARTER 

GOVERNING 

THE  CITY    OF    ST.    JOSEPH. 


Page.  Sec. 
ABATEMENT— 

of  nuisance,  powers  of  co]nmon  council 32  1 

of  tax,  comptroller  may  cause 100  61 

ABBREVIATIONS— 

in  description  of  property  assessed 101  63 

ABSENCE— 

of  mayor,  president  of  council  may  act 23  1 

of  police  judge,  justice  of  the  peace  may  act 218  6 

ACCOUNTS— 

officers  may  be  required  to  exhibit 63  9 

to  be  settled  by  officers,  when 68  11 

ACTIONS— 

to  recover  property  sold  under  tax  deed 99  56 

to  recover  delinquent  taxes 103  66 

what  taxes  may  be  included  in  one  suit 104  70 

for  damages  for  personal  injuries,  against  city 199  1 

not  maintained  unless  notice  is  given 200  2 

ACTS— 

repeal  of,  how  construed 217  3 

ADDITIONS— 

to  be  part  of  tlie  county  seat 7  2 

how  laid  out,  to  be  platted 144  2 

plat  to  be  approved 144  2 

ADVERTISEMENTS— 

for  bids  for  deposit  of  city  money 67  9 

for  purchase  of  bonds 45  13 

by  assessor  for  tax  lists 70  4 

of  delinquent  property 86  34 

of  unredeemed  property 94  51 

AGENTS— 

of  the  city  may  be  provided  for .   .  .116  20 


CHARTER.  731 

Page.  Sec. 

ALDEEMAN — See  Common  Council — 

in  new  ward 20  8 

to  fill  out  term 20  9 

election  of  and  term  of  ottice 21  1 

who  eligible 23  3 

oath  of 24  3 

vacancy,  how  filled 27  12 

not  to  hold  other  office 26  11 

compensation  of 23  2 

conservator  of  the  peace 218  5 

ALLEY — See  Streets — 

condemnation  of  private  property  for 118  1 

AMENDMENT— 

of  ordinance  must  not  change  original  purpose 24  4 

section  shall  be  set  forth  in  full 25  7 

ANIMALS— 

slaughtering  of,  power  to  regulate  or  suppress 32  1 

fast  driving  or  abuse  of 37  1 

may  be  impounded 37  1 

intended  for  food^  power  to  provide  for  inspection  of .  .   41  2 

APPEAI^- 

from  judgment  of  police  court 64  3 

board  of,  on  assessments 76  14 

in  proceedings  to  grade  streets 128  11 

city  must  give  bond  on 218  8 

jurisdiction  in  cases  for  violation  of  ordinances 64  3 

APPOINTMENTS— See  Officers— 

to  fill  vacancy 63  7 

how  confirmed 63  7 

of  officers  by  mayor 63  7 

officer  cannot  hold  two,  under  city  government 8  18 

APPEOPRIATION  OF  MONEY— See  Moneys— 

for  payment  of  debts,  powers  of  council 29  1 

for  roads,  powers  of  council 41  4 

ordinances  contemplating,  must  be  indorsed  by  comp- 
troller  44  11 

not  to  be  in  excess  of  revenue 44  13 

for  relief  of  outdoor  poor,  charity  board  shall  dispense.. 168  1 

ASSESSMENT— See  Revenue— 

property,  how  to  be  valued 10  11 

estimate  for  limiting  loan,  obtained  from  what 109  6 

when  to  be  made 71  5 

list,  when  to  be  delivered  to  assessor 72  8 

of  corporation 73  9 

of  corporation  property 75  10 

how  returned 75  11 


732  INDEX. 

Page.  Sec. 

ASSESSMENT— See  Revenue— Continued. 

to  be  equalized  by  board  of  appeals 7G  15 

of  property  to  be  charged  with  cost  of  grading  street.  .131  2 

for  cleaning  and  sprinkling  streets,  alleys,  etc 143  4 

of  street  railroad  property 194  7 

to  be  taxed  as  other  railroad  property 195  8 

of  railroad  property 75  10 

ASSESSOR— See  Revenue— 

to  be  appointed 57  2 

may  appoint  deputies 70  3 

to  be  at  office 72  7 

ASYLUMS— 

for  insane,  power  to  purchase  or  rent 31  1 

ATTORNEY— 

city  attorney  to  be  elected,  term  of  office 57  3 

duties  of 65  5 

fees  for  collecting  taxes 106  74 

AUDITING  COMMITTEE— 

how  constituted,  to  pass  on  what  claims 68  10 

AUDITOR— 

of  city,  to  be  elected 57  3 

general  duties  of 65  6 

must  extend  taxes  and  deliver  books  to  collector.  ...   78  17 

must  attend  tax  sales 88  38 

penalty  for  failure  to  attend  sale 89  41- 

penalty  for  failure  to  perform  duty 102  64 

AVOCATIONS— 

power  to  license,  tax  and  regulate 34  1 

not  taxable  when 43  9 

BALLOT— See  Elections— 

all  elections  to  be  by 58  7 

form  of  in  election  for  bonds Ill  11 

BAWDY  HOUSE— 

city  may  suppress 35  1 

prohibited 218 

BEGGARS— 

may  be  restrained  and  punished 37  1 

BEQUESTS  AND  DONATIONS— 

city  may  receive  in  fee  simple  or  trust 17  1 

charity  board  may  take  or  assume  care  of 168  1 

BICYCLES— 

license  for,  minimum  amount  to  be  charged 35  1 

BILL — See  Ordinances — 

when  an  ordinance 26  10 


9 


CHARTER.  733 

Page.  Sec. 

BIETHS— 

power  to  enforce  registration  of 34  1 

BOAED  OF  APPEALS— 

notice  of  sitting-  of 76  13 

who  constitute 76  14 

proceedings  of 76  15 

BOAED,  CHAEITY— See  C^rAKixiES— 

created  in  certain  counties 168  1 

BOAED  OF  HEADTH— 

how  created,  powers  and  duties 32  1 

BOAED  OF  LIBEAEY  DIEECTOES— See  Public  Library— 

appointment  of 164  2 

BOAED  OF  POLICE  COMMISSIONEES— See  Police— 

established 172  3 

BOAED  OF  PUBLIC  WOEKS— 

establishment  of 46  1 

qualifications,  by  whom  appointed,  term  of  office.  ...   46  2 

salar)^,  bond 46  2 

president  of 47  3 

meetings  of 47  4 

shall  purchase  supplies  for  city 49  7 

petitions  for  street  improvements,  etc 49  8 

contracts,  how  awarded.  .   : 51  9 

special  tax  bills  to  issue 52  10 

engineer  to  make  out  tax  bills 53  12 

manner  of  paying  for  public  improvements 53  11 

power  of  common  council  limited 54  13 

plats  of  proposed  additions  to  be  submitted  to 55  14 

to  have  control  of  all  expenditures  for  street  repairing  55  15 

annual  report  of 55  16 

mayor  ex-officio  member  of 56  17 

BOAED  OF  EEVISION— 

of  legist  ration 206  9 

BONDS— 

renewal  bonds,  right  of  city  to  issue 115  IS 

of  city  ofucers,  council  may  prescribe  amount,  etc.  .    .  .   60  14 
payment  of,   comptroller   shall   certify   amount  to   be 

raised  for Cy6  8 

Avarrant  for,  shall  have  mayor's  approval,  when.  .   66  8 

money  to  pay  interest  may  be  borrowed 66  8 

for  public  contracts,  comptroller  to  approve 06  8 

bond  of  comptroller,  approved  hj  mayor 66  8 

for  deposit  of  city  moneys,  approved  by  council.  ...   68  9 

may  bo  issued  in  renewal  of  outstanding  bonds,  when.  .115  18 

tax  for  payment  of 113  16 

tax  for  sinking  fund,  how  levied  and  applied 113  16 


734  INDEX. 

BONDS— Continued.                          .                                     Page.  Sec. 

assessor  liable  on,  for  acts  of  deputies 70  3 

of  various  officers,  forfeiture  on 103  64 

to  cover  indebtedness  may  be  issued,  when 108  4 

for  improvements  may  be  issued 109  7 

ordinance  for 109  8 

notice  of  election  for 110  10 

sale  of 113  15 

taxes  to  pay  interest  and  principal 113  16 

to  be  numbered 114  17 

bonded  indebtedness,  proceedings  for  funding 115  18 

of  contractors  for  improvements,  condition  of 139  12 

of  custodian  of  firemen's  pension  fund 153  7 

of  treasurer  of  police  commissioners 173  3 

of  chief  of  police 175  7 

of  board  of  public  works 46  3 

shall  be  required  for  all  public  works 139  13 

who  may  sue  on 139  13 

purchaser  of  franchise,  to  give 184  3 

on  appeal,  city  shall  give 318  8 

BOOKS— 

land  and  personal  tax  books,  how  designated 78  17 

to  show  what 79  18 

to  be  received  in  evidence 105  73 

defined  and  explained 106  75 

of  registration,  penalty  for  destroying 310  35 

BOULEVARDS— See  Streets,  x\lleys.  Etc.— 

what  cities  shall  have  power  to  establish 141  1 

council  may  authorize  construction  of 141  3 

BOUNDARIES— 

of  wards,  how  changed 18  3 

of  city,  power  to  extend 41  1 

BREAD— 

power  to  regulate  weight  and  quality 37  1 

BRIDGES— 

power  to  construct,  repair  and  regulate 33  1 

bridges  and  tunnels  may  be  acquired,  how 331  1 

BUILDINGS— 

municipal,  power  to  erect,  purchase  or  rent 31  1 

office,  etc.,  power  to  license,  tax  and  regulate 34  1 

powers  of  council  concerning  construction  of,  etc.  .    .  .150  1 

BURIAL  GROUND— 

city  may  hold  and  protect 197  1 

lots  in,  how  conveyed 197  3 

BUSINESS— 

power  to  license,  tax  and  regulate  all  kinds  of 34  1 

not  taxable  when 43  9 


CHARTER.  735 

CAKKIAGES—                                                                      Page.  Sec. 

power  to  license,  tax  and  regulate 36  1 

minimum  amount  to  be  charged 36  1 

CAETAGE— 

power  to  fix  rates  of 34  1 

CATTLE— 

may  be  prohibited  from  running  at  large 37  1 

CEMETEEY— See  Burial  Ground— 

exempt  from  taxation 9  6 

CENSUS — See  Enumeration — 

class  of  city  shall  be  determined  by,  what 14  2 

may  be  taken  when 15  5 

CEETIFICATE— 

of  election  or  appointment,  delivery  of  to  city  clerk.  .   60  14 

to  be  recorded  by  city  clerk 60  15 

of  assessor  to  assessment 76  12 

of  purchase  given  by  collector 90  43 

to  publication  of  list  of  unredeemed  lands 94  52 

of  circuit  judge  to  bond  ordinance  that  bonds  may  be 

legally  issued Ill  12 

of  approval  of  plat  by  common  council 144  2 

of  recorder  on  copies  of  plats 145  4 

of  registration  on  removal  of  voter 206  9 

CHAEITIES— 

not  to  be  taxed 9  6 

charity  board  created,  powers  and  duties 168  1 

how  constituted,  terms  of  office 168  2 

organization  of,  expenditures  limited 169  3 

treasurer  of,  duties,  bond 169  4 

record  of  proceedings  to  be  kept,  shall  report 170  5 

duty  of  board  as  to  applicants  for  relief 170  6 

police  commissioners  and  health  officers  to  aid  board.  .170  7 

CHUECHES— 

exempt  from  taxation 9  6 

CIGAEETTES— 

power  to  prohibit  sale  of  to  minors 42  6 

CITIES— 

may  be  authorized  to  create  firemen's  pension  fund.  .152  4 

subscription  by,  prohibited 7  6 

organization  and  classification 8  7 

liable  for  state  taxes 10  9 

taxes  of,  how  assessed 10  11 

indebtedness  of,  limited 11  12 

of  the  second  class  defined 14  1 

how  incorporated 14  2 

effect  of  chansce 15  3 


736  INDEX. 

CITIES— Continued.                                                                 Page.  Sec. 

shall  not  be  organized,  when 15  4 

class  of,  how  changed 15  5 

CITY  OF  THE  SECOND  CLASS— 

cit}^  of  St.  Joseph  incorporated  as  a 17  1 

coi"porate  powers  of 1'7  1 

courts  shall  take  judicial  notice  of 18  2 

wards  of,  how  changed 18  3 

annexed  territory  to  be  organized  into  new  ward.  ...   19  5 

wards  not  to  be  changed,  when 19  6 

wards  shall  be  of  adjacent  territory  and  numbered.  . .   19  7 

election  of  alderman  in  new  ward. 20  8 

alderman  to  fill  out  term  for  which  elected 20  9 

legislative  functions  of,  vested  in  a  common  council.  .   21  1 

general  powers  of  mayor  and  common  council 29  1 

limit  of  indebtedness 11  12 

not  liable  for  work  on  special  tax  bills 130  1 

streets  may  be  g'raded  at  expense  of  city 133  3 

shall  pay  for  rep. liring  streets,  alleys,  etc 137  9 

power  to  construct  boulevards 141  2 

may  establish  general  plan  of  streets,  etc 144  1 

damage  suits  against,  liability  limited 199  1 

action  against,  on  account  of  injuries,  notice  required. .  200  2 

shall  give  bond  on  appeal 218  8 

CLAIMS— 

auditing  committee  shall  pass  upon,  what 68  10 

CLEEK— 

of  city,  appointment  of 57  2 

clerks  of  election,  council  may  provide 59  10 

of  city,  general  duties  of 64  1 

shall  act  as  clerk  of  board  of  appeals 76  15 

shall  be  member  of  board  of  trustees  of  firemen^s 

fund 153  6 

COAL,  ETC.— 

power  to  provide  for  inspection  and  weighing  of .  ...   37  1 

COAL  OII^ 

factor}^,  power  to  regulate  or  suppress 32  1 

COLLECTIOiS^S— 

to  be  paid  over  to  city  treasurer 217  1 

COLLECTOE— See  Treasurek— 

treasurer  is  ex-officio  collector,  general  duties 65  7 

COMBUSTIBLES— 

power  to  regulate  or  prohibit  storage  of 151  2 

COMMISSIONEES— See  Police— 

to  ascertain  grade  damages,  appointment  of 125  7 

duties  of 126  8 

police,  board  of  established 172  3 


CHARTER.  737 

COMMITTEE—                                                                    Page.  Sec. 

chairman  of,  authorized  to  administer  oaths 28  15 

auditing,  composed  of  whom,  duties 68  10 

all  ordinances  must  be  reported  upon  by  a 24  4 

COMMON  COUNCIL— See  Alderman;  See  Public  Works— 

legislative  functions  vested  in 21  1 

how  elected;  qualifications 21  1 

vacancies  in,  how  filled 27  12 

president  of 22  1 

meetings  when  held:  mayor  may  call  special 23  1 

majority  of,  shall  constitute  a  quorum 25  8 

may  determine  its  rules  and  punish  or  expel  members  25  9 
shall   keep   a   journal — yeas   and   nays   to   be   entered 

therein 26  10 

president  of,  shall  exercise  duties  of  mayor,  when.  ...   27  14 
may   compel  attendance  of  witnesses   and   production 

papers 28  15 

may  remove  mayor  or  other  elective  officer,  when.  ...    63  6 

consent  of,  necessaiy  in  remitting  fines,  etc 63  7 

may  appoint  person  to  fill  oflice,  when 63  7 

majority  of,  necessar}-  to  confirm  appointment 63  7 

shall  fix  salaries  of  officers 53  4 

city  clerk  shall  record  proceedings  of 25  6 

passage  of  ordinance  over  veto,  vote  required 27  13 

general  powers  of 29  1 

may  cause  inspection  of  animals  intended  for  food.  .   41  2 

power  to  regulate  milk  dairies  and  sale  of  milk.  ...   41  3 

may  repair  or  construct  roads  leading  into  city 41  4 

may  prohibit  sale  of  cigarettes,  etc.,  to  minors 42  6 

may  cause  convicted  prisoners  to  be  put  to  work.  ...  42  7 

not  authorized  to  tax  professions 43  8 

cannot  tax  business,  when 43  9 

cannot  tax  produce,  when 43  10 

shall  apportion  revenue,  when 44  11 

limit  on  appropriations  by 44  12 

shall  levy  tax  for  sinking  fund 45  13 

to  levy  taxes  at  the  first  annual  meeting 77  16 

may  fund  bonded  indebtedness 115  18 

shall  prescribe  beneficiary  limits  for  grading,  when..  124  2 

may  cause  streets  to  be  graded,  improved  or  repaired.  .   33  1 

may  grade  streets,  etc.,  at  expense  of  city 133  3 

shall  determine  width  of  sidewalks 138  10 

may  cause  construction  of  boulevards,  when 141  2 

may  provide  that  tax  bills  for  street  improvements  and 

sewers  be  payable  in  five  installments 132  2 

may  order  streets  cleaned  and  sprinkled  and  assess  por- 
tion of  cost  to  abutting  propertv' 143  4 

to  establish  general  plan  for  location  and  grading  of 


738  INDEX. 

COMMON  COUNCII^Continued.                                      Page.  Sec. 

streets,  etc 144  1 

may  approve  plat  of  land 144  2 

power  to  esablish  general  sewer  system 147  1 

may  cause  district  sewers  to  be  constructed 147  2 

may  condemn  private  property  for  use  of  public  sewers .  .  149  4 
may  prohibit  erection,  or  repair  of  wooden  buildings 

within  prescribed  limits 150  1 

power  to  provide  against  fires 151  2 

power  to  appoint  firemen 153  3 

may  purchase  or  condemn  lands  for  parks,  etc 161  2 

may  provide  penalty  for  injuring  property  or  failure  to 

return  book  of  public  library 166  8 

not  to  interfere  with  police,  etc 178  11 

shall  sell  franchise  to  highest  bidder 183  1 

may  erect  and  maintain  waterworks 185  1 

may  own  and  operate  water,  gas  and  electric  works.  .186  3 
may    authorize    electric    light    company    to    set    poles, 

wires,  etc.,  in  streets 186  4 

telephone  and  telegraph  wires,  consent  of,  must  be  ob- 
tained to  place  under  ground 186  4 

may  direct  construction  or  alteration  of  telephone  and 

telegraph  line,  when 187  6 

may  control  construction  of  street  railways,  etc 190  1 

may  hold,  regulate  and  protect  burial  ground 197  1 

may  provide  for  voting  precincts,  etc 59  10 

COMPENSATION— See  Fees— 

of  officers  not  to  be  increased,  when 25  5 

COMPTEOLLER,  CITY— 

to  be  elected 58  3 

shall  approve  official  bonds 60  14 

warrants  on  treasurer  must  be  countersigned  by 67  8 

shall  make  two  reports  each  year — may  appoint  deputy  66  8 

shall  possess  qualifications  of  mayor 67  8 

to  let  city  moneys  to  bank .' 67  9 

indorsement  of,  necessary  on  appropriation  ordinance. .   44  11 

shall  apply  sinking  fund,  how 45  13 

to  be  member  of  board  of  appeals 76  14 

may  abate  tax,  when 100  61 

may  order  delinquent  tax  sale  discontinued 88  39 

shall  control  use  of  money  and  bonds  for  improvements .  .  113  15 

shall  be  member  of  board  of  trustees  of  firemen's  fund.. 153  6 

CONDEMNATION— 

of  private  property  for  public  use 118  1 

commissioners  to  assess  damages 119  3 

'duty  of  commissioners 120  4 

dismissal  of  proceedings 121  8 

condemnation  for  particular  uses 122  11 


CHARTER,  739 

CONDEMNxiTION— Continued.                                            Page.  Sec. 
for  occupation  or  possession  in  construction  and  repair 

work  of  public  sewers 149  4 

for  parks  or  pleasure  grounds ,  .IGl  2 

power  to  condemn  grounds  for  waterworks 185  1 

CONSERVATORS  OF  THE  PEACE— 

what  officers  are 218  a 

CONSTITUTIOX  OF  STATE— 

provisions  affecting  cities 6 

CONTRACTS— See  Public  Woeks— 

alderman  shall  not  be  interested  in,  what 60  16 

officer  interested  in  city  contract,  penalty  for 60  16 

comptroller  to  keep  record  of  and  approve  bonds.  ...   60  14 

for  deposit  of  city  moneys 67  9 

money  must  be  first  appropriated  for 44  12 

for  city  improvements  to  contain  what 51  9 

for  public  work,  bond  required  for 51  9 

for  water,  approved  by  electors,  when 185  2 

shall  be  let  to  lowest  and  best  bidder 220  13 

CORPORATIONS— 

power  to  tax 9  2 

railroad,  subject  to  taxation 9  5 

power  to  license,  tax  and  regulate 34  1 

power  to  cast  vote,  when  city  is  stockholder  in 41  1 

how  assessed 73  9 

shares  of  stock,  may  be  sold  for  taxes 84  29 

street  railroad,  return  of  property  for  taxation 194  7 

how  assessed 195  8 

railroad,  taxes  how  levied 75  10 

COSTS— 

of  abating  nuisance,  how  assessed  and  taxed 32  1 

in  condemnation  proceedings,  by  whom  paid 121  7 

of  grading  and  paving  streets,  how  apportioned.  .    .  .131  2 

of  repairing  streets  and  sidewalks 137  9 

of  cleaning  and  sprinkling  streets,  etc.,  how  apportioned.  .143  4 

COUNCIL — See  Common  Council;  See  Alderman — 

COUNSELOR,  CITY— 

to  be  appointed 57  2 

general  duties  of 65  4 

may  appoint  assistant 65  4 

city  attorney  shall  be  assistant  of 65  5 

shall  collect  delinquent  taxes,  fees 85  30 

to  file  petition  in  condemnation  proceedings 118  1 

shall  l)e  member  of  l)oard  of  1;rustccs  of  firemen's  fund. .153  6 

COURT— POLICE— 

judge,  election  of 57  3 

juris(]ittion  of 64  3 


740  INDEX. 

COUET— POLICE— Continued.                                            Page.  Sec. 

city  attorney  to  attend  cases  in 65  5 

persons  sentenced  by,  may  be  imprisoned  where.  ...   38  1 

may  be  put  to  work,  etc 38  1 

police  to  bring  persons  arrested,  before  judge  of .  .    .  .180  14 

justice  may  act  as  judge  of,  when 218  6 

COUET— COUNTY— 

shall  appoint  three  members  of  charity  board 168  2 

president  of  shall  be  ex-officio  member 168  2 

shall  appoint  registrars 203  4 

COUET— CIECUIT— 

to  have  supervisory  control  of  registration 208  17 

COUET— CEIMINAI^ 

has  exclusive  appellate  jurisdiction  in  what  cases.  ...   64  3 

COUETS— 

shall  take  judicial  notice  of  city  and  class 18  2 

counselor  shall  appear  for  city  in,  what G5  4 

shall  take  judicial  notice  of  ordinance  extending  limits  18  2 

jurisdiction  of,  in  tax  suits 105  71 

COW  STABLES— 

power  to  regulate,  suppress  or  abate 32  1 

CEEDIT  LOANING— PEOHIBITED— 

by  municipalities 6  47 

DAIEIES— 

power  to  license  and  regulate 41  3 

DAMAGES— 

in  condemnation  proceedings,  commissioners  to  assess.  .120  4 

how  assessed,  to  be  a  lien  against  property 120  4 

appropriation  to  pay,  when  made 122  9 

to  be  paid  into  court,  when 122  10 

caused  by  grading,  notice  of  time  for  assessing 125  6 

for  right  of  way  of  street  railroad,  proceedings 191  4 

city  lialjlu  for  when  caused  by  riot 198  2 

paid  by  city,  recoverable  from  rioter 198  4 

suits  for,  against  city,  liability  limited 199  1 

action  against  cit}'  for,  on  account  of  injuries — notice.  .200  2 

DEATHS— 

power  to  enforce  registration  of 35  1 

DEED— 

of  property  sold  for  taxes,  when  made 95  53 

form  of 95  54 

what  proof  necessary  to  defeat 98  55 

to  be  recorded 99  57 

■effect  of  recording 99  58 

DELINQUENT  TAXES— See  Eevenue— 

to  be  carried  forward 80  20 


CHARTER.  741 

DELINQUENT  TAXES— Continued.                                 Page.  Sec. 

how  collected 83  26 

when  tax-payer  removes 83  28 

suit  may  be  brought  for 103  66 

DISEASES,  CONTAGIOUS— 

power  to  make  regulations  to  prevent  introduction  of .  .   32  1 

DISOEDEELY  HOUSES— 

power  to  suppress 35  1 

DOGS— 

dog  fights,  power  to  suppress 35  1 

power  to  tax,  regulate,  restrain,  etc 37  1 

DEAM  SHOPS— 

dramshop  keeper  defined 211  1 

no  license  granted  without  petition 211  2 

power  to  restrain,  regulate,  license,  tax  or  suppress..   36  1 

EDUCATION— 

funds  not  to  be  used  for  sectarian  purposes 12  11 

ELECTION— See  EegistratioiY- 

to  change  class  of  city,  when  held 14  2 

to  incorporate  as  city  of  second  class,  ordinance  pro- 
viding for 14  2 

proclamations  of  mayor  for 14  2 

proclamation  declaring  result  of 14  2 

of  alderman,  in  new  ward 20  8 

of  alderman 21  1 

to  fill  vacancy 27  12 

of  mayor 62  1 

tie,  how  determined 62  3 

contest,  common  council  shall  determine 62  1 

to  fill  vacancy 62  5 

of  police  judge,  attorney,  auditor  and  treasures'.  ...   57  3 

when  held — special  elections  to  fill  vacancies 58  5 

to  be  held  and  conducted   how 58  6 

opening  and  closing  of  polls 58  8 

qualifications  of  voter 59  9 

voting  precincts  and  judges,  council  to  provide.  ...   59  10 

certificate  of,  to  be  recorded 60  15 

judge  or  clerk  of,  not  required  to  own  real  estate.  .    .  .   61  17 

of  municipal  officers  power  of  council  to  regulate.  ...   40  1 

to  authorize  increase  of  debt , 107  1 

to  issue  bonds,  how  conducted Ill  11 

to  refund  bonded  indebtedness 115  18 

for  tax  for  library  fund 163  1 

to  create  library  building  fund 166  10 

duties  of  election  clerks 207  13 

ELECTEIC  LIGHT— 

plant,  city  may  own  and  operate 186  3 


742  INDEX. 

ELECTEIC  LIGHT— Contmued.  Page.    Sec. 

companies,  city  may  authorize  to  set  poles,  wires,  etc., 

in  streets 186  4 

EMPLOYMENTS— 

city  may  regulate  and  license 34  1 

ENGINES— 

locomotive,  power  to  regulate  speed,  etc 39  1 

fire,  common  council  may  procure 151  3 

ENGINEER,  CITY— See  Board  oe  Public  Works— 

how  appointed 48  5 

duties  of 48  5 

may  be  empowered  to  require  sidewalks,  etc.,  repaired. .  137  9 
shall    utilize   services   of   persons    receiving   aid    from 

charity  board,  when 170  0 

ENGINEERS— 

of  steam  boilers,  power  to  license 36  1 

ENUMERATION— See  Census— 

of  inhabitants  of  city,  power  to  provide  for 38  1 

EXEMPTIONS— 

of  property  from  taxation 9  6 

what  laws  void 10  7 

property  not  exempt,  etc 69  1 

FARES— 

power  to  fix  rate  for  carnage  of  persons 34  1 

FAST  DRIVING— 

may  be  prohibited 37  1 

FEES— 

of  public  officers  limited 8  13 

not  to  be  increased  during  term 13  8 

of  alderman 23  2 

of  officers,  how  fixed 58  4 

for  issuing  licenses  limited 35  1 

of  jurors,  witnesses,  etc.,  power  to  regulate 40  1 

of  attorney  in  tax  suits 106  74 

of  agents  and  employes  of  charity  board  limited.  .    .  .169  3 

of  registrar 208  14 

FERRIES— 

pov/cr  to  license  and  regulate 35  1 

FIGHTS— 

power  to  suppress  various  kinds  of 35  1 

FINES— See  Penalties— 

power  to  impose  and  recover 39  1 

FIRE.^RMS  AND  FIREWORKS—  - 

power  to  regulate  or  prohibit  use  of 151  1 


CHARTER.  743 

FIEE  DEPAETMENT—                                                     Page.  Sec. 

power  to  establish  and  maintain 151  3 

council  may  regulate  character  of  buildings 150  1 

power  of  council  to  provide  against  fires 151  3 

may  procure  engines  to  appoint  members,  etc.  .   .  .151  3 
FIEEMEN'S  PENSION  FUND— 

general  assembly  may  authorize  cities  to  create 6  47 

fire  department  empowered  to  create  funds  for  pension- 
ing disabled  firemen 152  4 

board  of  trustees  of,  of  whom  composed,  how  created.  .153  6 

functions  of  boai^l 155  11 

relief  and  retirement  fund  created — sources  of 

revenue 153  8 

rewards,  etc.,  to  be  paid  into  fund,  gifts,  etc.  .    .  .155  10 
one  per  cent  of  certain  revenues  may  be  set  aside 

for  relief  fund 155  9 

members  may  be  assessed  for  benefit  of  fund.  .    .  .156  13 

funds  may  be  invested 156  14 

to  be  loaned  separately 157  15 

who  to  be  beneficiaries  of  relief  fund 157  16 

widow    and    children    of    firemen,    beneficiaries, 

when 157  17 

relatives  beneficiaries  when 158  18 

treasurer  to  be  custodian  of  fund  and  give  bond.  .    .  .153  7 

powers  of  board  of  trustees .155  11 

members  of  fire  department  may  be  assessed 156  13 

trustees  to  report  annually  conditions  of 160  35 

exempt  from  debt,  execution,  etc 160  36 

fire  department  association  authorized  to  transfer  funds 

to  board  of  trustees 160  87 

funeral  expenses  may  lie  paid  out  of  retirement  fund.  .160  28 

FISCAL  YEAE— 

shall  commence,  when 30  1 

FOEMS— 

of  tax  deed 95  54 

of  judgment,  in  tax  suit 104  69 

of  ballot,  in  bond  election Ill  H 

of  bond 113  13 

of  registration  book 303  3 

FEANCHISES— 

power  to  regulate  and  control  use  of — noit  to  be  sur- 
rendered  34  1 

power  to  regulate  for  street  railroads 41  1 

to  be  sold  at  public  auction 183  1 

notice  of  sale  to  be  published 183  3 

purchaser  to  give  approved  bond 184  3 

authorities  may  reject  bids 184  4 


744  INDEX. 

FEAXCHISES— Continued.                                                  Page.  Sec. 
for  waterworks — cannot  grant  or  renew  without  con- 
sent of  voters 185  1 

existing,  for  waterworks  not  to  be  interfered  with.  .    .  .185  2 

may  be  gi-anted  to  electric  companies  to  set  poles.  .    .  .186  4 

for  street  railwa}',  requirenients  of 190  1 

limitation  of  municipal  authority 191  3 

proceedings  to  ascertain  damages,  before  granting.  .191  4 

FUNDING— 

bonded  indebtedness,  proceedings  for 115         18 

GAMBLING  HOUSES 

power  to  suppress 35  '        1 

GAS  WOEKS— 

franchise  for,  to  be  sold  at  public  auction 183  1 

city  may  own  and  operate 186  3 

GATES— 

at   railroad    crossings,   power   to   compel    erection    and 

maintenance  of 38  1 

GIFTS  AND  DONATIONS— 

city  may  receive,  for  charitable  and  other  purposes.  .17  1 

board  of  trustees  of  firemen's  fund  may  take 155  10 

charity  board  may  take  or  care  for 168  1 

public  library  directors  may  hold 166  9 

GEADING — See  Streets,  Alleys,  Etc. — 

exclusive  control  to  grade  streets  vested  in  council.  .   .  .   33  1 

power  to  grade  highways  leading  to  city 41  4 

power  to  establish  general  plan  for  grading  streets ....  114  1 

GUNPOWDEE,  ETC.— 

power  to  regulate  storage  of 151  2 

HACKMEN— 

power  to  license,  tax,  regulate  and  fix  rates  for 35  1 

HAY— 

power  to  provide  for  inspection  and  weighing 37  1 

HEALTH — See  Board  of  Health — 

power  to  pass  ordinance  to  secure  health 33  1 

ofiicers,  to  aid  charity  board,  when 170  7 

police  commissioners  to  guard  public  health 174  6 

HIGHWAYS — See  Streets,  Alleys,  Etc. — 

council  has  exclusive  control  over 33  1 

leading  into  city,  power  to  improve 41  4 

HOESE  EACING—  , 

power  to  prohibit  and  suppress 37  1 

HOSPITALS— 

power  to  establish  and  regulate 34  1 

private  and  general,  power  to  regulate,  tax  or  suppress  35  1 


CHARTER.  745 

HOUSES—                                                                             Page.  Sec. 

of  correction^  etc.,  council  may  purchase  or  rent.  ...   31  1 

of  ill  fame  and  assignation,  power  to  suppress 35  1 

HUMANE  OFFICEE— 

board  of  police  shall  appoint,  when 181  18 

IMPEOVEMENTS— See  Streets,  Alleys,  Etc.— 

must  be  let  to  lowest  and  best  bidder 220  13 

mCOEPOEATION— 

of  city  of  St.  Joseph  as  city  of  the  second  class 72  t  1 

INDEBTEDNESS— 

of  cities,  limit  of 11  12 

cities  allowed  to  incur,  what 107  1 

provisions  of  article  applies  to  all  cities 109  5 

not  to  be  incurred,  when 109  6 

bonded,  proceedings  for  funding 115  18 

of  city,  penalty  for  financial  officer  speculating  in ....   44  12 
INSANE  ASYLUMS— 

power  to  erect,  purchase  or  rent 31  1 

INSPECTION— 

of  meats,  butter,  vegetables,  etc.,  power  to  regulate.  .36  1 

of  weights  and  measures 36  1 

of  firewood,  lumber,  steam  boilers,  etc 36  1 

of  hay,  lime,  coal,  etc 37  1 

of  various  articles  of  food  and  manufactures.  ...   37  1 

of  animals  intended  for  food 41  2 

of  dairies  and  milk 41  3 

INSPECTOBS  AND  GAUGEES— 

power  to  license,  tax  and  regulate 34  1 

for  difl^erent  purposes,  power  to  appoint  and  regulate  37  1 

INSUEANCE— 

companies  and  agents,  power  to  license  and  tax.  ...   34  1 

JUDGES — See  Courts;  See  Elections — 

JUDGMENT— 

form  of,  in  tax  suits 104  69 

for  damages  by  grading,  proceedings  to  enforce.  .    .  .127  10 

for  cost  of  street  improvements 134  4 

JUDICIAL  NOTICE— 

courts  to  take,  of  reorganization  and  class  of  city.  ...   18  2 

of  ordinances  extending  limits 41  1 

JUEISDICTION— 

of  city  not  affected  by  reorganization 17  1 

of  judge  of  the  police  court 64  3 

in  tax  suits,  what  courts  have 105  71 

JUEOES— 

common  council  may  regulate  the  fees  of,  what.  ...   40  1 

inhabitants  of  city  may  be,  in  what  cases 218  8 


746  INDEX. 

JUSTICE  OF  THE  PEACE—                                            Page.  Sec. 

may  act  as  judge  of  the  police  court,  when 218  6 

LABOREES— 

pay  of,  to  be  guaranteed  in  contract  for  public  works.  .139  12 

may  sue  for  wages,  when 140  0 

LAWS— 

ordinances  become,  when 24  4 

LEGISLATIVE  FUNCTIONS- 

of  city  of  second  class,  vested  in  common  council.  ...   21  1 
LEVY — See  Eevenue — 
LIBRARY — See  Public  Libraey — 

how  established 163  1 

LICENSE— 

how  issued — minimum  amount  to  be  charged 35  1 

power  to  license  various  trades,  avocations,  etc S-t  1 

power  to  license  milk  dairies,  etc 41  3 

certain  professions  not  liable  for 43  8 

city  cannot  impose  license  tax,  when 43  9 

tax  not  to  be  imposed  on  produce,  when 43  10 

of  private  policemen  and  watchmen 181  17 

not  to  issue  to  gaming  houses,  bawdy  houses,  etc.  .    .  .219  9 

LIGHTING— 

of  streets,  power  to  provide  for 34  1 

power  to  regulate  qualit}^  and  price  of 34  1 

railroad  tracks  in  streets,  power  to  require  lighting  of  38  1 

plant  for,  city  may  own  and  operate 18(i  3 

electric,  companies  may  be  authorized  to  set  poles,  etc., 

in  streets 186  4 

LIMITATION— 

on  power  of  city  to  become  indebted 11  12 

of  taxation 30  1 

on  appropriations 44  12 

on  power  of  city  to  grant  right  of  way 191  3 

LIMITS— 

of  city  nnay  be  extended 41  1 

courts  shall  take  judicial  notice  of  extension....   41  1 

LIQUORS— 

license  for  sale  of,  minimum  amount  to  be  charged.  .36  1 

power  to  regulate  inspection  of 37  1 

LIST— See  Revenue— 

of  property  for  taxation,  shall  embrace  what 71  6 

of  registered  voters  to  be  furnished  by  clerk 208  16 

LOANS— 

money  arising  from,  not  to  be  misapplied 12  20 

,  temporary,  may  be  obtained  by  city,  when 3^  1 


CHARTER.  747 

LOCOMOTIVE  ENGINES—                                              I'age.  Sec 

power  to  regulate  speed  of 39  1 

LUMBER— 

power  to  provide  for  inspection  of 36  1 

MAPS  AND  PLATS— See  Plats— 

to  be  kept  by  assessor 70  2 

MARKET  PLACES— 

power  to  regulate  and  license 34  1 

MARRIAGES— 

power  to  enforce  registration  of 35  1 

MAYOR— 

may  call  special  session  of  council 23  1 

president  of  council  shall  exercise  duties  of,  when. . .   23  1 

election  of 22  1 

qualifications  of 23  3 

tie  in  election  for,  how  determined 62  3 

contest  in  election  for,  how  determined 62  4 

vacancy  in  office  of,  how  filled 62  5 

removal  of,  from  office 63  6 

general  duties  and  powers  of 63  7 

officers  appointed  by 63  9 

nominations  by,  to  be  made  within  what  time 6S  7 

objections  to  appointments  of  by  council 63  7 

may  require  exhibit  of  accounts 63  9 

shall   suspend  officer  interested  in   city   contract.  ...   61  16 

comptroller  must  have  approval  of;  to  pay  bonds  when  66  8 

to  approve  bond  of  comptroller 67  8 

to  approve  ordinances 27  13 

general  powers  of  mayor  and  council 29  1 

to  be  a  member  of  board  of  appeals 76  14 

shall  appoint  directors  of  public  library 164  2 

shall  appoint  three  members  of  charity  l)oard;  shall  be 

ex-officio  a  member 169  2 

shall  appoint  one  member  of  the  board  of  public  works  46  2 

notice  to  be  given  to,  of  claim  for  damages,  when.  .  .200  2 

shall  be  conservator  of  the  peace 218  5 

shall  execute  appeal  bonds  for  city 218  8 

MEASURES— 

power  to  provide  for  inspection  of 36  1 

MEATS— 

power  to  license  and  regulate  meat  shops 34  1 

power  to  regulate  the  inspection  and  sale  of 36  1 

MEETINGS— 

of  coimcil,  w'hen  held 23  1 

mayor  may  call  special 23  1 

public,  power  to  regidate 38  1 


748  INDEX. 

MEECHANTS—                                                                    Page.  Sec. 

power  to  license,  tax  and  regulate 3-i  1 

tax  upon 80  19 

MILK— 

dairies,  power  to  suppress  or  abate 32  1 

power  to  license,  regulate  and  inspect  dairies  and  sale 

of  milk 41  3 

MISDEMEANOE— 

person  may  be  confined  in  workhouse  for 38  1 

MONEYS— 

public,  speculation  is  prohibited 12  17 

not  to  be  misapplied 12  20 

not  to  be  used  for  sectarian  purposes 12  11 

duties  of  treasurer  in  receiving  and  disbursing 65  7 

of  city,  to  be  let  to  highest  bidder 67  9 

power  to  borrow^,  on  credit  of  city 29  1 

ordinances  appropriating,  must  be  indorsed,  etc.  .    .  .  44  11 

limit  on  appropriations  of 44  12 

sinlcing  fund  may  be  invested  in  bonds,  when 45  13 

all  collections  to  be  paid  into  treasury 217  1 

MUmCIPAL  COEPOEATION— See  Cities— 

loaning  credit  by,  prohibited 6  47 

property  exempt  from  taxes 9  6 

private  property  cannot  be  sold  to  pay  debts  of .  ...   12  13 

NOTICE — ^See  Advertisement;  Eevenue — 

judicial,  courts  shall  take  of  reorganization  of  city.  . .   18  2 

of  ordinance  extending  limits 41  1 

of  election  to  authorize  issue  of  bonds 110  10 

given   defendants   in   con'demnation    proceedings,    now 

served 119  2 

of  time  for  assessing  damages  in  grading 125  6 

of  registration 205  7 

NUISANCES— 

power    to    define    what    shall    be    deemed — abatement 

of,  etc 32  1 

power  of  board  of  health  in  reference  to 32  1 

duties  of  police  in  reference  to 174  5 

OATH— 

all  officers  shall  take  and  subscribe 60  14 

president  of  council  and  chairman  of  committee  may 

administer 28  15 

city  clerk  authorized  to  administer 64  1 

comptroller  may  administer 67  8 

assessor  and  his  deputies  may  administer 72  8 

police  commissioner  may  administer 174  5 

OCCUPATIONS— 

power  to  license,  tax,  regulate  or  suppress 34  1 


CHARTER.  749 

OFFICEES—                                                                         Page.  Sec 

must  give  time  to  duties 6  18 

fees  of;,  limited 8  13 

additional — no  term  to  exceed  four  years 8  14 

cannot  hold  two  municipal  offices 8  18 

tenure  of  office 13  5 

oath  of  (constitution^ i3  6 

oath  of  (statute) 60  14 

removal  of,  for  neglect  of  duty 

removal  of,  for  misdemeanor  or  other  offense 63  6 

term  of  office  cannot  be  extended 10  8 

mayor  to  be  chief  executive  officer  of  city 62  1 

appointment  of,  by  mayor 63  7 

council  shall  appoint  officers  when 63  7 

appointment  of,  objections  to  by  council 63  7 

appointments  shall  be  made  by  mayor 63  7 

appointive  officers  and  their  terms 57  2 

elective  ollicers  and  their  terms 57  3 

salaries  of,  how  fixed 58  4 

sliall  enter  upon  duties,  when 59  11 

who  eligible 59  12 

must  reside  in  city 59  12 

bond,  certificate  of  election  or  appointment,  etc.  ...   60  14 

not  to  be  interested  in  contract  with  city 60  16 

not  required  to  be  owner  of  real  estate 61  17 

imposing  liability  on  city  contrary  to  law,  penalty...   44  12 

speculating  in  city  indebtedness 44  12 

police  are  oflticers  of  both  city  and  state 180  16 

what  officers  are  conservators  of  the  peace 218  5 

OKDINANCES— 

passage  of,  yeas  and  nays  to  be  recorded. 34  4 

style  of,  amendment  not  to  change  original  purpose.  .   24  4 
shall  contain  what — must  be  reported   upon  by  com- 
mittee  '  ....   24  4 

how  passed 24  4 

how  re-enacted 25  7 

form  of  amendments  to 25  7 

approval  of  bill  by  mayor — how  passed  over  veto.  ...  27  13 

not  returned  by  mayor,  becomes  a  law  when 27  13 

how  proved — to  be  received  in  evidence 217  2 

contemplating  payment  of  monev  must  ha  endorsed, 

how '. " 44  11 

for  issuing  bonds  to  contain  what 109  8 

for  gi'ading,  publication  of 124  3 

authentication  of 217.  2 

PATJKS— 

how  established 161  1 

power  to  improve,  regulate  or  sell 32  1 


759  INDEX. 

Px\IfKS— Continued.                                                                 Page.  Sec. 

power  to  purchase  or  condemn  lands  for 161  1 

board  of  commissioners  established 161  3 

duties 162  4 

officers  of  board 162  5 

PAVING — See  Steeets,  Alleys,  Etc. — 

PENALTIP]S— 

mayor  may  remit  with  consent  of  council,  w^hen.  ...    63  7 

imposed  by  police  court,  failure  to  pay 38  1 

shall  not  exceed,  what 39  1 

power  to  impose  on  firemen  for  violation  of  rules,  etc.  .152  3 

council  may  provide,  for  public  library,  etc 1,66  8 

PLATS— 

streets  to  conform  with  general  plan  of  city 144  1 

shall  not  be  recorded  until  approved  by  council .  .    .  .  144  2 

not  to  be  approved  until  streets  and  alleys  are  graded. .  144  2 

how  made  out 145  3 

to  be  acknowledged  and  recorded,  when 145  4 

certified  copies  of,  shall  be  in  evidence 146  5 

recording  imperfect  plat,  penalty 146  7 

PLUMBING— 

board  of  examiners 213  2 

plumbers  to  be  licensed 213  3 

mayor  to  appoint  members  of  board 214  5 

duties  of  board 214  6 

organization  of  board 214  7 

powers  of  board 215  8 

fees  for  examination 215  9 

city  to  regulate  business  of  plumbing 215  10 

penalty 216  11 

POLICE— 

commissioners  shall  aid  charity  board,  when 170  7 

powers  of  common  council 171  1 

board  of  commissioners  established 172  3 

appointment  of — term  of  office 173  4 

general  duties  of It 3  5 

appointment  of  police  by 175  6 

officers  of,  titles  designated 175  7 

compensation  of  members  of 175  7 

vacancies,  how  filled — rules  and  regulations 176  8 

not  to  receive  extra  money 176  9 

commissioners  may  appoint   secretary 176  7 

appropriations  for 178  12 

board  to  keep  journal  of  proceedings 180  15 

declared  officers  of  both  city  and  state 180  16 

commissioners  may  license  private  watchmen 181  17 

shall   appoint  humane  oificer,   when 181  18 

shall  be  conservator  of  the  peace 218  5 


CHARTER. 


751 


POLICE  COUET— See  Court—  Page.    Sec. 

POLICE  POWERS— 

of  commoii  council 39  1 

POLLS— 

opening  and  closing  of 58  8 

POLL  TAX— 

power  to  levy  and  collect 30  1 

POOR— 

charity  board  to  care  for  temporarily 1G8  1 

POWER  PLANT— 

power  to  erect  and  maintain 186  3 

PRESIDENT— See  Common  Councii^- 

PRISONERS— 

may  be  put  to  work  on  streets,  etc 42  7 

PROCLAMATION— 

of  mayor,  for  election  to  incorporate. 14  2 

declaring  incorporation  as  city  of  the  second  class. .   .  1'il  9 

mayor  shall  call  special  sessions  of  council  by 23  1 

PRODUCE— 

city  cannot  collect  license  fees  for  sale  of,  when..    ..43         10 

PROFESSIONS- 

various,  power  to  license,  tax  and  regulate 34  1 

what,  not  to  be  taxed 43  8 

PROPERTY— See  Revenue— 

to  be  taxed  in  proportion  to  its  value 9  4 

what  exempt  from  taxation 9  6 

private,  cannot  be  sold  for  corporate  debt 12         13 

not  to  be  exempted  from  taxes 10  7 

sale  of,  for  taxes  by  collector 86         32 

how  sold..   .." 87         35 

redemption  of,  when  sold  for  taxes 92         46 

suit  for  recovery  of 99         56 

title  does  not  fail  when 100         60 

condemnation  of  private  property  for  public  use.  .    .  .118  1 

destruction  of,  by  rioter,  city  liable 198  2 

PROSTITUTES— 

power  to  restrain  and  punish 37  1 

PROVISIONS— 

power  to  regulate  the  inspection  of  various 36  1 

PUBLICATION— 

of  annual  statement  of  officers 68         11 

PUBLIC  LIBRARY,  FREE— 

election  for  establishment  and  maintenance  of 163  1 

directors,  appointment  of 1V>\ 

term  of  office,  removal  of 164 


o 


752  INDE^. 

PUBLIC  LIBRAKY,  FREE— Continued.                             Page.  Sec. 

vacancies — compensation 161  4 

organization  and  powers  of 164  5 

who  may  use  library 165  6 

annual  report,  what  to  contain 165  7 

council  may  provide  penalties 166  8 

donations  to 166  9 

building  fund,  how  created — election  for 166  10 

plans,  etc. — contract 167  11 

directors  may  sell  or  exchange  lot 167  12 

PUBLIC  MO^'EY— See  Moneys— 

PUBLIC  WOEKS— See  Board  of  Public  Wokks— 

QUALIFICATIONS—  _ 

of  alderman 23  3 

of  mayor 62  2 

of  voter 204  5 

of  city  officers 59  12 

property  for  of! ice  prohibited 61  17 

QUAEANTINE— 

power  to  establish  and  enforce  regulations  of 32  1 

QUOEUM— 

of  common  council,  what  shall  be  a 25  8 

EAILEOADS — See  Street  Eailway;  See  Eevenue — 

subscription  by  city  to  stock  of,  prohibited 7  6 

how  taxed 9  5 

power  to  regulate  in  streets 38  1 

depot  grounds,  power  to  control  location  of 38  1 

viaducts,  gates,  etc.,  power  to  compel  construction  of, 

etc .38  1 

property  of,  how  assessed  and  taxed 75  10 

to  construct  and  maintain  crossings,  etc 38  1 

EEAL  ESTATE— 

city  officer  not  required  to  own 61  17 

agents  and  brokers,  power  to  license,  etc 34  1 

registrar  must  be  owner  of 203  4 

deputy  registrar  must  be  owner  of 205  8 

EEBATE— 

allowed  on  taxes,  when 81  22 

RECEIPTS— 

to  be  issued  in  triplicate  by  treasurer 66  7 

for  taxes,  how  made  out -82  24 

to  be  issued  in  duplicate  by  treasurer 217  1 

EEDEMPTTON— See  Eevenue— 

of  property  sold  for  taxes 92  46 

EEGISTEATION— See  Election— 

lists,  council  may  provide  for  copies  of 59  10 

provided  for  what  cities 201  1 


CHARTER.  753 

EEGISTIJATIOX— See  Election— Continued.                  Page.  Sec. 

persons  entitled  to 202  2 

all  electors  must  be  registered 202  2 

appointment  of  registrars 203  4 

of  naturalized  citizens  when  papers  are  lost 204  5 

place  and  days  of  registration 205  7 

appointment  of  deputy  registrars 205  8 

board  of  revision 206  9 

registrar  not  to  be  candidate  when 209  21 

fraudulent  registration 209  23 

challenge  by  registrar 210  24 

malicious  injury  to  registration  books 210  25 

RELIEF— 

temporary,  of  outdoor  poor 168  1 

REMOVAI^ 

from  office,  of  mayor  or  other  elective  officer 63  6 

power  to  provide  for  removing  officers 40  1 

REPEAL— 

of  acts,  how  construed 217  3 

REPORTS— 

mayor  may  require  reports  from  officers 63  9 

auditor  shall  make  reports  required  by  council 65  6 

of  comptroller  semi-annually 66  8 

of  fiscal  officers,  comptroller  shall  transmit  to  council.  .   67  8 

officers  to  render  annually 68  11 

of  board,  of  trustees  of  firemen's  fund 160  25 

of  directors  of  free  public  library 165  7 

charity  board  shall  render,  what 170  5 

of  police  commissioners 180  15 

RESIDENCE— 

what  required  for  voter 59  9 

of  officers 60  13 

REVENUE  AND  TAXATION— 

taxing  power 9  1 

taxation  for  public  purposes  shall  be  uniform 9  3 

property  taxed  in  proportion  to  value 9  4 

taxation  of  railroads 9  5 

exemptions 9  6 

cities  liable  for  state  tax 10  9 

taxes,  how  assessed 10  10 

rate  and  valuation 10  11 

city  not  tO'  become  indebted  in  excess  of 11  12 

power  to  levy  and  collect  taxes 31  1 

apportionment  of  revenue,  when  made 44  11 

tax  for  sinking  fund  shall  be  levied 45  13 

cannot  be  remitted  or  abated 69  1 

assessment,  when  made 70  4 


754  INDEX. 

EEA^ENUE  AND  TAXATION— Contmued.                       Page.  Sec. 

railroad,  telegraph  and  bridge  companies 75  10 

upon  merchants 80  19 

delinquent 83  26 

comptroller  may  abate,  when 100  61 

suits  for 103  66 

who  shall  be  made  defendants 104  68 

street  railroad  companies 194  7 

EIGHT  OF  WAY— 

for  waterworks,  how  obtained  by  city 185  1 

how  obtained  by  street  railroad  company 191  4 

EIOT— 

power  to  prevent  and  suppress 37  1 

city  liable  for  damages  by 198  2 

EIVEES— 

power  to  improve,  remove  obstructions,  etc 29  1 

EOADS— 

residents  of  city  exempt  from  working,  what 31  1 

leading  into  city,  power  to  improve 42  1 

may  grade  or  macadamize  for  what  distance.  ...   42  5 

petition  for  improvement  of 130  1 

SALAEIES— See  Fees— 

of  officers  to  be  fixed  by  ordinance 58  4 

SALE — See  Ee venue — 

of  bonds 113  15 

of  franchises  at  public  auction 183  1 

SANITAEY— 

system,  power  to  establish 32  1 

SCALES— See  Weights— 

SEAL— 

Power  to  have  and  use  a  common  seal 17  1 

city  clerk  to  have  custody  of 64  1 

charity  board  shall  have 168  1 

police  commissioners  to  have 177  .  10 

SETTLEMENT— 

annual,  of  city  officers 68  11 

SEWEES— 

condemnation  proceedings  for.  . 149  4 

power  to  establish  general  system  of 147  1 

public,  construction  and  repair  of 147  1 

district,  construction  of,  etc 147  2 

private,  construction  of 149  3 

condemnation  of  property  for 149  4 

SIDEWALKS— See  Streets,  Alleys,  Etc.— 

mayor  and  council  have  conltrol  over 33  1 

may  prohibit  certain  practices  on 38  1 


CHARTER.  755 

SIDEWALKS — See    Streets,    Alleys,    etc.— Continued.          Page.  See. 
may  require  owners  or  occupants  to  make  repairs,  re- 
move snow,  etc 137  8 

cost  of  repairs  of 137  9 

council  to  prescribe  width  of 138  10 

SINKING  FUND— See  Indebtedness— 

tax  to  constitute,  shall  be  eolleeted  when 11  12 

tax  levy  for — money  in  fund  applied  how 45  13 

SLAUGHTER  HOUSES— 

power  to  regulate,  suppress  or  abate 32  1 

power  to  regulate  or  suppress  slaughtering  of  animals  32  1 

SMOKE  ABATEMENT— 

how  effected — penalties 219  10 

SNOW  AND  ICE— 

power  to  require  removal  of,  from  sidewalks 137  8 

SOAP  FACTOPiIES— 

power  to  regulate,  suppress  or  abate 32  1 

SOCIETIES— 

exempt  from  taxation,  what 10  6 

SPECIAL  MEETINGS— See  Common  Council— 

of  council  confined  to  what  business 23  1 

SPECIAL  POLICE— 

recommended  by  humane  societies  to  be  appointed.  .181  18 

SPECIAL  TAX  BILLS— 

for  cost  of  removing  nuisances 32  1 

for  grading,  paving,  etc.,  how  made  out 133  3 

shall  be  a  lien  on  property — manner  of  collecting.. 134  -1 

for  repairing  sidewalks,  etc 137  9 

for  grading,  paving,  sewers  and  sidewalks  may  be 

made  payable  in  five  installments 141  3 

for  cleaning  and  sprinkling  streets 143  4 

for  construction  of  district  sewers 147  2 

engineer  to  make  out  tax  bills 53  12 

SPRINKLING  STREETS— 

power  of  council  to  provide  for 143  4 

portion  of  cost  may  be  paid  by  special  assesisment.  .    .  .143  4 

STABLES— 

power  to  regulate,  suppress  or  abate  cow  stables.  ...   32  1 

power  to  license,  and  regulate  livery  and  sale 34  1 

STATEMENT— 

annual,  of^otlicers,  to  bo  published,  how fiS         11 

STEAM  BOILERS— 

power  to  inspect,  and  license  engineers  using 36  1 

STOCK— 

of  corporations,  city  cannot  subscribe  to 7  6 

power  to  prohibit  lunning  at  large 37  1 


756  INDEX. 

STOCK  YAEDS—                                                                 Page.  Sec. 

power  to  regulate,  suppress  or  abate 32  1 

power  to  license,  tax  and  regulate 32  1 

STOEAGE— 

business,  may  prohibit  railroad  company  from  doing.  .    39  1 

of  gunpowder,  etc.,  power  of  council  to  regulate.  .    .  .151  2 
STEEET  COMMISSIONEE— 

shall    utilize    services    of    persons    receiving    aid    from 

charity  board,  when 170  6 

STEEETS,  ALLEYS,  ETC.— 

power  to  open,  vacate,  improve,  sprinkle,  light,  etc.  .31  1 

mayor  and  council  to  control 33  1 

annoyances  on,  power  to  prohibit 38  1 

railroads  in 38  1 

street  railroads  power  to  regulate 41  1 

leading  into  city,  power  to  improve  and  repair 41  4 

condemnation  of  private  property  for 118  1 

notice  of  filing  of  petition 119  2 

commissioners  to  assess  damages 119  3 

duties   of  commissioners — repoi't 120  4 

report  reviewed  by   circuit  court,   when 121  6 

cost  of  proceedings  by  whom  paid 121  7 

report  to  council,  city  may  withdraw  proceedings.. 121  8 

action  of  court  reported  to  council 122  9 

damages  paid  into  court,  when 122  10 

condemnation  for  particular  uses 122  11 

grading  to  changed  grade  of,  what  petition  necessary.  .124  1 

ordinance  to  prescribe  beneficiary  limits 124  2 

proceedings,  by  whom  heard 125  5 

notice  of  time  for  assessing  damages,  etc 125  6 

appointment  of  commissioners 125  7 

duties  of  commissioners — verdict  to  contain  what.. 126  8 

appeals  when  taken,  etc 128  11 

grading  may  be  commenced,  when 128  13 

proceedings  exclude  other  remedies,  etc 128  14 

ordinance  may  be  repealed,  effect  of 129  15 

grading,  paving,  repairing,  etc.,  power  to  cause.  .    .  .130  1 

cost  how  apportioned 131  2 

property  to  be  charged  with  costs 133  3 

tax  bill  to  be  lien  on  propert}^ — ^how<  collected .  .  134  4 
sidewalks,  curbing  and  guttering,  repairs  and  re- 
moval of  snow 137  8 

•what  costs  paid  out  of  revenue 137  9 

council  to  prescribe  width  of  sidewalks,  etc.  .    .  .138  10 

proceedings  on  petition  for  improvements 139  11 

contractors  to  give  bond 139  12 

boulevards,  authorizing  construction   and  maintenance 

of.  .   . 141  2 


CHARTER.  757 

STEEETS,  ALLEYS,  ETC.— Continued.                             Page.  Sec. 
special  tax  bills  for  grading,  paving,  sewers  and  side- 
walks ma}^  be  made  in  five  installments 141  3 

cleaning  and  sprinkling  of,  may  be  paid  for  l)y  special 

assessment,  etc 143  4 

power  of  council  to  establish  general  plan  of 144  1 

plat  of  addition  to  show  streets,  etc 144  2 

title  to,  vested  in  city  when 146  6 

board  of  public  works  shall  supervise  grading  and  pav- 
ing of 48  6 

applications  for  improvements  first  made  to.  .    .  .   49  8 
engineer  under  the  direction  of  shall  superintend 

all  work 48  5 

engineer  shall  issue  special  tax  bills 53  12 

ordinance  for  grading,  paving,  etc.,  to  be  recom- 
mended by 49  8 

franchises  for  use  of,  sold  to  highest  bidder 183  1 

electric  light  companies  may  set  poles  in,  when 186  4 

telephone  and  telegraph  companies  mav  set  poles,  etc. 

in ' 187  6 

council  may  direct  mode  of  construction 187  6 

street  railroads  in,  city  may  control  construction.  .    .  .190  1 

limitation   and    municipal    authority 191  3 

proceedings  to  ascertain  damages 191  4 

suits  for  personal  injuries  from  defect  in  condition  of, 

notice  to  be  given 200  2 

work  on,  to  be  let  by  contract  except  when 220  13 

STEEET  EAILWAYS— 

street  cars,  power  to  license tS4  1 

power  to  regulate 34  1 

franchises  for,  to  be  sold  at  public  auction 183  1 

how  constructed 190  1 

may  change  motive  power 191  2 

limitation  of  municipal  authority  over 191  3 

right  of  way  for,  how  obtained 191  4 

measures  of  damages  for  right  of  way  of 191  4 

taxation  of .  .    .  .    '. 194  7 

SUITS— 

for  taxes 103  66 

against  city  for  damages 199  1 

SUPPLIES— 

officer  not  to  be  interested  in  furnishing  city 60  16 

purchased  by  board  of  public  works,  when 49  7 

TAX  BILLS— See  Special  Tax  Bills— 

TAXES— See  Eevenue— 

for  public  purposes  to  be  uniform 9  3 

what  property  exempt  from 9  6 


758  INDEX. 

TAXES— See  Revenue— Continued.                                      Page.  Sec. 

how  assessed 10  10 

rate  and  valuation 10  11 

power  to  levy  and  collect  all  general  and  special.  .    .  .   'Zd  1 

certain  professions  not  to  be  taxed 43  8 

business  not  taxable,  when 43  9 

produce  cannot  be  taxed,  when 43  10 

tax  for  sinking  fund 45  13 

cannot  be  remitted  or  abated 70  1 

on  railroad  property,  how  levied '75  10 

payment  of 81  31 

when  deemed  delinquent 81  21 

taxes  paid  may  be  recovered,  when 100  59 

errors  in  books,  etc.,  not  to  impair  validity  of 101  63 

on  street  railroads  how  levied 195  8 

TELEGEAPH— 

companies,  power  to  license,  tax  and  regulate 34  1 

taxation  of  property  ol' 75  10 

plant,  frachise  for  to  be  sold  at  public  auction 183  1 

companies,  may  set  poles,  wires,  etc.  in  streets 186  5 

consent  to  place  wires  under  ground 186  5 

line,  council  may  direct  construction,   when 187  6 

TELEPHONE— 

plant,  franchise  for  to  be  sold  at  public  auction 183  1 

company,  may  set  poles,  wires,  etc.,  in  streets 186  4 

consent  of  city  to  place  wires  under  ground.  .    .  .186  5 

line,  council  may  direct  construction  of,  when 187  6 

TERMS  OF  OFFICE— See  Officers— 

TIE— 

in  election  of  mayor,  how  determined 63  3 

TIRES— 

power  to  regulate  width  of 35  1 

TITLE  EXAMINERS— 

power  to  license,  tax  and  regulate 34  1 

TRADES— 

various,  power  to  license,  regulate,  tax  or  suppress.  .   y4  1 

TREASURER,  CITY— 

is  ex-officio  collector — general  duties 65  7 

tax  books  and  licenses  to  be  delivered  to 79  17 

may  allow  rebate  of  taxes 81  33 

may  receive  taxes  on  parts  of  lots 81  33 

must  give  receipt  for  taxes 83  34 

shall  seize  personal  property  for  taxes 83  35 

may  call  assistance 83  37 

may  sell  shares  of  stock  for  taxes 84  39 

must  furnish  comptroller  list  of  unpaid  taxes 85  30 

shall  sell  real  estate  for  taxes 86  33 


CHARTER.  759 

TEEASUREE,  CITY— Continued.                                        Page.  Sec. 

to  give  certificate  of  purchase 'JU  43 

to  execute  tax  deed vo  53 

penalty  for  official  dereliction 102  64 

collections  of  public  monev  to  be  paid  over  to 217  1 

TUNNELS  AND  BEIDGES— 

may  be  acquired,  how 231  l 

UNDERTAKEES— 

power  to  license,  tax  and  r(>gulate 34  1 

VACANCY— 

office  of  alderman  deemed  vacant,  when .   24  3 

in  council,  how  filled 27  13 

in  office  of  mayor,  president  of  council  shall  act.  .          28  14 

in  office  of  mayor,  how  filled 62  5 

special  election  to  fill,  how  held 58  5 

in  office,  declared  upon  failure  to  quality,  when.  ...   60  14 

VAGEANTS— 

power  to  define  who  are,  and  punish 37  1 

police  shall  enforce  laws  relating  to 174  5 

VALUATION— 

of  property  for  taxation  must  not  exceed,  what.  .    .  .    10  11 

of  property  not  to  be  reduced,  except  when GU  1 

VAULTS— 

under  sidewalks,   power  to  regulate  building  of .  ...   33  1 

VEHICLES— 

power  to  license,  tax  and  regulate 34  1 

may  regulate  width  of  tires 35  1 

license  for,  minimum  amount  to  be  charged 35  1 

VIADUCTS— 

power  to  compel  construction  of  at  railroad  crossings.  .   38  1 

VOTEES— See  Eegisteation— 

in  new  ward,  qualifiications  of 19  5 

qualifications  of 59  9 

registration  of 301  1 

qualifications  of,  etc 204  5 

VOTING  PRECINCTS— 

council  may  provide 59  10 

WAGONAGE— 

power  to  fix  rates  of 35  1 

WAREHOUSE— 

business,    power    to    prohibit    railroad    company    from 

doing 39  1 

WARDS  AND  BOUNDARIES— 

not  affected  by  reorganization  of  city 17  1 

how  changed 18  3 

annexed  territory  organized  into  new  ward 19  5 


-  760  INDEX. 

WAEDS  AND  BOUNDAKIES— Continued.                         Page.  Sec. 

ward  not  to  be  changed,  when 19  6 

to  be  of  adjacent  territory  and  numbered 19  7 

power  to  extend  city  hmits 41  1 

WAKRANTS— 

for  violation  of  ordinance 217  4 

WATCHMEN,  PEIVATE— 

power  of  police  commissioners  to  license I81  17 

WATEE  COUESES— 

power  to  alter  and  change  channel  of 33  1 

WATEE  WOEKS— 

city  may  purchase  and  hold  property  for 17  1 

power  to  establish HI  1 

franchise  for,  to  be  sold  at  public  auction 183  1 

power  to  erect,  maintain  and  operate 185  1 

grant  of  right  for,  consent  of  voters  necessary 185  I 

modification  of  existing  grant 185  1 

WEIGHEES— 

power  to  appoint  and  regulate  fees  of 36  1 

WEIGHTS  AND  MEASUEES— 

power  to  provide  fox  inspection  ol 36  1 

power  to  provide  for  measuring  wood,  etc 36  1 

power  to  provide  for  weighing  hay,  coal,  etc 37  1 

WHAEF— 

power  to  erect,  repair  and  regulate 29  1 

WIEES— 

electric,  city  may  autborize  in  streets 186  4 

telephone  and  telegraph,  may  be  set  in  streets 186  5 

consent  of  city  to  place  under  ground 186  5 

council  may  direct,  height  to  be  run 187  6 

WITNESSES— 

council  may  compel  attendance  of 28  15 

power  to  regulate  fees  of 40  1 

police  commissioners  may  compel   attendance  of    ....174  5 

WOOD— 

power  to  provide  for  inspection  of 36  1 

WOEKHOUSE— 

power  to  erect,  purchase  or  rent,  and  regulate 31  1 

persons  committed  to,  may  be  required  to  work.  ...   38  1 

imprisonment  in,  not  to  exceed  six  months 39  1 

one  dollar  per  day  to  be  allowed  for  work 58  7 

YEAE,  FISCAI^ 

shall  commence,  when 30  1 

YEAS  AND     NAYS— 

of  members  of  council  entered  in  journal,  when.  ...   26  10 

recorded  on  final  passage  of  ordinance 26  10 


INDEX.  701 


INDEX  TO  GENERAL  ORDINANCES 

OF 

THE    CITY  OF    ST,    JOSEPH. 


ABATEMENT— See  Nuisances—  Sec. 

of  unsafe  buildirigs,  powers  of  superintendent 68 

proceedings  to  condemn  and  abate 80 

of  nuisance,  powers  of  sanitary  inspector 313 

cost  taxed  how,  notice 809 

ABSENCE— 

alderman  may  be  fined  for 120 

may  be  attached 121 

leave  of,  mayor  may  grant 818 

officer  not  to  be  absent  without 889 

of  member  of  fire  department 217 

ABSTEACTOES— 

license  for 637  ■ 

ABUSE— 

of  animals,  penalty 748 

ACCIDENTS— 

policemen  to  notify  chief  of  accident 1 

duties  of  city  officers  on  receipt  of  notice 2 

engineers  to  diagram  location 3 

effort  to  obtain  settlement  for  injury -t 

blank  forms 5 

duty  of  street-car  conductor  in  case  of 1071 

ACCOUNTS— See  Eepoets— 

to  be  kept  by  auditor 835 

comptroller  shall  attend  to  collection  of 822 

clerk  of  board  of  health  shall  keep,  what 310 

board  of  health  to  approve 280 

of  street  lighting  department,  how  kept 1102 

ADULTEEATIONS^ 

of  food,  clerk  of  board  of  health  to  enforce  ordinances  relat- 
ing to 307 

of  milk,  prohibited,  penalty 710 

not  to  be  offered  guests  of  hotels,  restaurants,  etc .  .    .  .  339 


762  REVISED  ORDINANCES. 

ADULTERATIONS— Continued.  Sec. 

manufacture  of,  for  milk  or  cream  prohibited 716 

adulterated  foods — sale — penalty 337 

sale  without  label — penalty 338 

offering  to  boarder^ — penalty 339 

ADVEETISEMENT— See  Publication— 

ADVERTISING- See  Bill  Posting— 

certain  modes  of,  proliiljited 754 

AFFIDAVIT— 

required  on  assessment  list 864 

of  chief  of  fire  department  to  pay  roll 216 

of  merchant  on  statement  to  assessor 697 

of  printer  to  publication  of  odinanccs 914 

required  on  report  of  workhouse  superintendent 1291 

AGENTS— 

license  required  of  various 618 

ALDERMAN— See  Common  Council— 

resignation  of 118 

may  be  fined  for  absence 120 

attachment  may  issue  for 121 

ALLEYS— See  Highways— 

AMMUNITION— 

sale  of  to  certain  persons  prohibited 731 

AMUSEMENTS— 

public  entertainments — license  for 6 

ten  pin  alley 7 

pistol  or  shooting  gallery,  etc .  S 

horoscopic  or  stereoscopic  views 9 

magnifying  glasses,  telescopes,  lung  tester,  muscle  developer, 

weighing  machine 10 

merr3^-go- round,  riding  galleries,  etc 11 

wild  west  shows,  etc 12 

penalty  for  violation 13 

selling  or  renting  automatic  phonographs 14 

fairs,  license  for 15 

theaters  and  opera  houses,  license  for 16 

same — license  forfeited,  how 17 

places  of  amusement — Kloors  of IS 

same — penalt}'^ 19 

chairs  in  passageway 20 

ingress  and  egress 21 

penalty 22 

firemen  as  inspectors 23 

fire  drill  of  employes 24 

ANALYSIS— 

of  food  and  drink,  city  chemist  to  make 307 

of  ice  required 592 


INDEX.  7(53 

ANALYSIS — Continued.  Sec. 

of  milk,  special  attention  to  be  given 710 

milk  dealer  to  furnish  samples  for 71;} 

ANIMALS — See  Impounder — 

dead,  mover  of  to  be  registered  at  health  office 268 

removal  of,  regulations  governinig 791 

not  to  run  at  large,  may  be  impounded  and  sold 157 

luust  not  1x3  turned  out  to  be  impounded 162 

not  to  be  hitched  to  shade  tree,  awning,  post,  etc 742 

not  to  be  driven  on  bridge  faster  than  a  walk 744 

must  not  be  driven  on  sidewalk 745 

fasL  driving — leaving  unfastened 746 

cruelty  to 748 

not  to  be  slaughtered  in  city 749 

exposing  male 768 

offensive  pens  for 793 

APPEAL— 

from  police  court,  city  attorney  to  prosecute 867 

city  attorney  may  appeal  from 1022 

from  boiler  inspector 46 

from  decision  of  city  electrician 878 

APPOINTMENTS— See  Officers— 

of  committees  of  common  council 124 

of  judges  of  election 189 

of  clerks 191 

by  mayor  to  fill  vacancies 208 

of  employes  at  electric  light  plant 870 

of  foreman  and  members  of  fire  department 213 

of  deputies  by  officers 905 

APPROPEIATIONS— 

for  quarantine,  how  applied 335 

AEEAS— 

regulations  for  construction  of 551 

ASSEMBLY— 

by  sale  of  goods,  etc.,  on  sidewalks  prohibited 545 

unlawful,  what  is 723 

disturbing  religious 725 

ASSESSMENT^ 

or  real  property — improvements 863 

of  personal  property — affidavit  to  list 864 

of  bank  stock — assessor  to  deliver  notice 865 

lists,  full  name  to  be  signed 866 

of  merchants,  assessor  to  make  list  of 697 

ASSESSOR— 

may  appoint  deputies 861 

general  duties  of 861-866 

shall  furnish  certificate  to  applicants  for  dramshop  license.  .  173 


764  REVISED  ORDINANCES. 

A  SSESSOE— Continued.  Sec. 

duty  of,  upon  receiving  merchant's  statement  to  return  list 
of,  to  council 702 

ATTACHMENT— 

for  absent  alderman 121 

for  witness  in  police  court 1028 

ATTOKXEY,  CITY— 

general  duties  of 867 

to  report  prosecutions  under  milk  ordinance 721 

suits  in  police  court,  notices  to  be  served  on 1020 

may  make  affidavits 1021 

may  appeal 1022 

police  judge  may  appoint,  when 1035 

AUCTIONEER— 

must  have  license 35 

bond  required 26 

may  ring  bell,  when 27 

not  to  crv  sale  on  sidewalk  or  street 545 

AUDITING  COMMITTEE— 

shall  pass  upon  what  claims 835 

AUDITOR- 

general  duties  of- — to  be  general  accountant 835 

to  draw  warrants 835 

indebtedness  to  city  to  be  deducted 837 

to  strike  monthly  balance ,  .   . .   838 

'to  settle  with  finance  committee 839 

shall  report  to  comptroller 840 

to  deliver  canceled  indebtedness  to  finance  coanmittee.  .    .  .    841 

may  appoint  deputy 842 

to  grant  dramshop  license 169 

to  report  number  issued  to  county 185 

shall  not  grant  license,  when 186 

duties  of,  in  issuing  licenses 169 

to  make  monthly  statement  of  merchant's  license 701 

AVENUES— 

designated  by  numbers 508-513 

AVOCATIONS— 

license  required  of  various 621 

AWNING— 

how  erected 542 

posts,  must  not  be  defaced  or  injured 740 

animals  not  to  be  hitched  to 742 

BADGE— 

to  be  worn  by  chief  of  fire  department 218 

by  firemen 22l 

huckster  shall  wear — auditor  to  furnish 589 

runner  shall  wear 1108 


INDEX.  7(55 

BAGATELLE  TABLE—  Sec. 

license — amount  of 28 

BAGGAGE— 

solicitation  of,  ait  passenger  depots 939 

wagons,  stand  for,  at  Union  Depot  designated 941 

rates  for  carriage  of 1257 

BAIL— 

prisoner  to  lie  coinniitted  in  default  of 1013 

BAKERIES— 

license,  amount  of 635 

BALI^ 

public,  license  required  for 6 

baseball  park,  license  required  of  keeper 621 

playing,  in  street 736 

in  pul>lic  parks  or  squares,  forbidden 927 

BALLOT^ — See  Elections — 

BANK— 

stock  and  real  estate,  assessment  of 865 

license,  amount  of 636 

BANNER— 

carrjdng,  on  street,  permit  required '.   75-1 

BARBED  WIRE— 

fences,  prohibited 762 

BARRIERS— 

removing  from  dangerous  place 760 

BATHING— 

where  restricted 764 

BAWDY  HOUSES— See  III  Fame— 

BEER  CARRIERS— 

employment  of  lewd  women  as,  prohibited 181 

BEGGARS— 

when  vagrant 1252 

BELL— See  Gong— 

auctioneer  may  ring,  when 27 

bicycles  must  be  provided  with,  sounded  when 1273 

of  locomotives  shall  be  rung,  when 1057 

BENZOINE— 

regulations  for  storage  of 259 

BIDS— 

for  city  printing 104G 

BICYCLES— See  Vehicles— 

regulations  governing 1269 

BILL  BOARDS— 

location  of,  to  be  registered 33 

how  constructed,  repair  of 34 


766  REVISED  ORDINANCES. 

BILL  BOARDS— Contmued.  Sec. 

to  be  kept  free  from  loose  paper 35 

inspection  of 39 

BILL  POSTING— 

license  required  for 31 

not  required  for  posting  legal  notice,  etc 31 

bill  poster  defined 33 

posters  not  to  be  affixed  to  sidewalks,  etc.,  without  consent.  .  3G 

nor  on  walls,  fences,  etc.,  without  permission 7o5 

destroying  posters,  etc 37 

handbills,  etc.,  not  to  be  thro\\Ti  upon  streets 756 

distributing  without  license,  penalty 757 

building  inspector  to  inspect  bill  boards 39 

bill  posters  prohibited  from  going  on  vacant  property.  ...  40 

BILLIAED  TABLES,  ETC.— 

license  for.  . 38 

penalty  for  permitting  minor  to  play 29 

license  plate  to  be  exposed 30 

BIETHS— 

record  of,  to  be  kept 326 

shall  be  reported 327 

BLACKSMITH  SHOP— 

chimneys  or  flues  to  have  spark  arrester 253 

BOAEDS — See  Boilers;  See  I1i:aetii;  See  Parks — 

BOABDING  HOUSES— 

license  for 582 

vshall  not  offer  guests  impure  milk 711 

BOAEDING  STABLES— 

license  for 621 

BOILEES,  STEAM— 

Inspector  of,  appointment,  qualifications — 'deputy 42 

duties  of,  to  inspect  boilers,  etc 44 

to  make  semi-annual  report 51 

failure  of  duty,  penalty 53 

board  of  engineers,  who  constitute^ — appointment  of 43 

duties  of,  shall  issue  engineer's  certificates 45 

certificates  of  inspeotion,  issue  of,  etc 50 

engineers  license,  proceedings  to  ohtain 56 

owner  of  boiler,  may  appeal  from  inspector 46 

must  employ  licensed  engineer 49 

permit  to  set  up  boiler — two  engineers  required,  wTien.  ...  47 

salaries  and  bonds  of  inspector  and  board 52 

to  be  tested  once  a  year 48 

not  applicable  to  private  residence,  except 58 

what  engineers,  engines  and  boilers  excepted o4 

engineer  to  post  up  license 50 


INDEX. 


767 


BONDS — See  Various  Offices —  Sec. 

for  payment  of  theater  license 16 

auotioneers  to  give 2(i 

city  officer  not  accepted  on ,   888 

city  officers  to  give ,  884 

city  printing,  contractor  for,  to  give „1048 

comptroller  to  deposit  proceeds  from  sale  of 821 

dealer  in,  license  for G19 

dramshop  keeper  to  give 169 

excavating  in  streets,  to  be  given  for 529 

house  mover  to  give 106 

merchants  to  give  for  payment  of  license 699 

police  court,  for  appearance  in 1010 

proceedings  on  forfeiture 1011 

on  continuance  of  case lOlS 

of  witnesses 1029 

runners  to  give 1110 

sewers,  private,  for  construction  of 1147 

vehicle,  licensed,  driver  to  give 1260 

BOOKS— See  Eecords— 

blank,  to  be  let  to  lowest  bidder 1049 

obscene,  sale  or  exhibit  of 769 

BOUNDAEIES— 

corporate  limits  extended  and  defined 60 

of  wards 61 

of  voting  precincts 62 

of  fire  limits  of  first-class 229 

of  second-class 231 

of  sewer  districts 1162-1246 

BOXING  EXHIBITIONS— 

not  allowed  in  dramshop 180 

BREACH  OF  PEACE— 

provoking  a 724 

BREWEES— AGENT— 

license  for 618 

BRIDGES— 

fast  riding  or  driving  over 744 

BROKERS— 

real  estate,  money,  or  insurance,  license  for 619 

BUILDINGS— 

department  for  inspection  of 63 

members  of  department 65 

superintendent,  to  be  appointed 64 

qualifications,  duties,  powers,  etc 66-67 

bond  of.. 885 

to  inspect  bill  boards 39 


768  REVISED  ORDINANCES. 

BUILDING-S— Continued.  Sec. 

records,  how  kept 69 

permit  for  erecting  building,  how  issued 70 

plans  to  be  examined 71 

for  adddition  or  repairs 72 

occupying  street  with  material 73 

penalty  for,  etc 74 

application  for,  to  contain  what 76 

record  of,  to  be  kept 76 

superintendent's  fees — how  disposed  of 77 

must  require  that  sewer  connection  be  made 1160 

unsafe  buildings,  owner  to  be  notiried 78 

must  be  removed  or  protected 79 

proceedings  to  condemn 80 

owner  of,  to  be  reported  for  keeping  nuisance 81 

penalty .' 82 

duty  of  superintendent  as  to  dangerous  buildings.  ...  83 

constructions  of  buildings,  to  conform  to  ordinance 84 

foundation?-  to  be  of  masonry 85 

walls  to  be  anchored 86 

outside  of  fire  limits 87 

walls  within  fire  limits 88 

roofs  to  be  of  tin  or  slate 89 

chimneys  and  flues,  how  built 90 

of  incombustible  material 91 

walls  to  be  protected 92 

wooden  buildings  may  be  authorized 93 

frame,  basement  walls  of 94 

to  be  inspected 95 

height  of  stories 96 

business  buildings,  thickness  of  walls 97 

existing  party  walls  may  be  used 98 

certain  terms  defined 99 

height  taken  from  what 102 

reed  light  to  be  at  obstruction 103 

penalty 104 

fire  escapes,  construction  of 239 

vaults  under  sidewalk,  regulations  for 551 

removal  of  buildings,  to  be  by  house-mover 105 

shall  give  bond 106 

permit  required,  by  whom  issued 107 

numbering  of  buildings,  superintendent  to  give  numbers  108 

plan  for  numbering 10'9 

property  owners  to  maintain  street  numbers 110 

fire  limits — buildings  within,  how  constructed 230 

raising  and  removal  of  wooden  buildings  within 233 

penalty 234 

superintendent  to  order  removal,  when 235 


INDEX. 


769 


BUILDI NGS— Continued.  Sec. 

fire  escapes,  what  buildings  to  be  provided  with 237 

superintendent  of  buildings  may  order  erection  of .  .    .  .  238 

prevention  of  fires  in  buildings 245-258 

storage  of  combustibles  in ~    .  .    .  .259-264 

placing  buildings  in  street,  prohibited 539 

windows  and  cellar  doors,  regulations  for 546 

injuring  buildings,  posts,  etc 740 

drains,  how  connected  with  buildings 1152 

sewer  connection  must  be  made 1160 

BUEIAI^See  Deaths— 

permit  must  be  procured 318 

body  must  not  be  interred  without 319 

sextons  to  report  interments 320 

penalty 325 

BUSINESS— 

license  required  for  various  kinds 617 

CALVES— 

cruelty  to 748 

CANNON— 

permit  necessary  to  discharge  in  city 257 

CAEEIAGES— See  Vehicles— 

for  passengers  at  Union  Depot — regulations  governing.  .    .  .  941 

license  for 629 

driver  of  licensed  carriage  to  give  bond 1260 

CAES — See  Eatlvv^ays — 

climbing  upon  or  leaving  while  in  motion 737 

not  to  pass  over  fire  hose 743 

CATTLE— See  Animals— 

dealer — license  for 621 

yards  or  pens  deemed  a  nuisance,  when 793 

CELLAE— 

door  or  window  in  sidewalk 546 

must  not  be  left  open .    .  .  550 

CEMETEEIES— 

must  have  certificate  for  burial  in 319 

sextons  must  report  interments 320 

CEETIFICATE— 

of  election  to  be  issued 197 

of  advertisement  of  unredeemed  real  property,  form  of .  .    .  .1105 

CHILD— 

not  to  ho  on  street  during  night  time,  when 733 

2)arent  or  guardian  responsible,  when 734 

police  may  arrest  and  detain,  when 735 

CHIMNEYS— See  Flufs- 

building,  of  regulations  for 90 

to  be  cleaned 116 


770  REVISED   ORDINANCES. 

CHIMNEY  SWEEP—  Sec 

office  of,  created 112 

appointment — term — bond 113 

duties  of — compensation 114 

to  have  license .   .  .  117 

CIGAEETTES— 

sale  of,  to  minors  prohibited 732 

CIRCUS— 

license  for 6 

CISTERNS,  PUBLIC— 

drawing  water  from,  penalty 759 

CITY  OFEICERS  AND  EMPIiJ^ES— See  Officers— 

provisions  concerning 888-913 

CITY  PROPERTY— 

comptroller  shall  attend  to  sale  of,  etc 826 

CLAIM  AGENT— 

license  for 618 

CLAIMS— 

committee  on,  appointment  of 124 

auditor  to  examine  and  audit 835 

CLAIRVOYANT— 

fortune  teller,  license  for 620 

CLERK — See  Elections — 

of  city,  general  duties 853 

may  appoint  deputy 857 

custodian  of  printed  copies  of  laws  and  ordinances.  .    .  .  858 

of  election,  appointment  of 191 

of  board  of  health,  appointment  of 304 

duties — salary — bond 305 

additional  duties — inspection  of  milk,  etc 306 

duty  to  enforce  ordinances  relating  to   adulteration   of 

foods,  etc 307 

records,  where  kept — open  to  inspection 309' 

shall  pay  moneys  into  hands  of  city  treasurer 311 

treasurer  may  employ 845 

COAI^ 

holes  in  sidewalk  constructed,  how 551 

dealers,  license  for 620 

must  be  weighed 1112 

COAL  OIL— 

storage  of,  provisions  governing 259 

night  M^atch  to  be  kept,  when 263 

COASTING— 

on  sidewalks  with  sleds,  etc 736 

on  streets  with  bicycles,  etc.,  prohibited 1274 

COLLECTOR— See  Treasurer- 


INDEX. 


771 


COMBUSTIBLES— See  Fire  Department—  Sec. 

ignition  of,  in  streets 248 

not  to  be  stacked  near  house 250 

shavings  to  be  removed  from  shops,  etc 255 

nitro-glycerine  not  to  be  kept 256 

storage  of,  phosphorus,  coal  oil,  etc 259 

COMMERCIAL  AGEXCY— 

license  for , 618 

COMxAIISSlOXEES— See  Park;  See  Street— 

compensation  of,  in  condemnation  proceedings 135 

police,  may  appoint  secretary  of  police  court 1038 

COMMISSIONS— 

of  city  officers,  clerk  shall  prepare 853 

made  out  and  delivered,  when 197 

COMMISSION  MERCHANTS— 

license  for 620 

COMMITTEES— 

standing,  appointment  of 124 

judiciary,  of  whom  composed — duties 125 

ordinance,  duties  of 126 

legislation,  duties  of 127 

board  of  health,  appointment  of 283 

COMMON  COUNCII^ 

alderman  absent  from  meeting  of,  may  be  fined 120 

attachment  may  issue  for 121 

chief  of  police  to  attend  meetings  of 119 

counselor  to  attend  meeting  of 831 

matters  to  be  referred  to  committees 122 

report  may  be  deferred 122 

vote  of  how  reconsidered  or  rescinded 123 

COMPENSATION— See  Fees;  See  Salaries— 

of  commissioners  in  condemnation  proceedings 135 

of  judgfe  and  clerks  of  election 202 

for  collecting  delinquent  taxes 1104 

COMPTROLLER— 

bond  of 886 

deputy  may  be  appointed  by 829 

general  duties  of 819 

report  of.  shall  state  what 823 

to  furnish  stationer}'  and  supplies  for  offices 828 

to  certify  amount  to  be  raised  by  taxation 824 

to  be  at  office  during  council  meetings 827 

to  countersign  licenses 825 

shall  prescribe  form  of 656 

to  attend  tax  sales 826 

to  cause  accounts  of  lighting  department  to  be  classified.  .   .  .1102 


772  REVISED   ORDINANCES. 

CONCEALED  WEAPONS—  Sec. 

carrying  of,  prohibited 729 

CONCERTS— See  Amusements— 

license  for 6 

CONDEMNi^TION  PROCEEDINGS— 

in  opening  street,  etc.,  plats  to  be  furnished,  when 130 

certificate  of  award — ^tax  bills 131 

tax  bills  to  be  recorded , 132 

counselor  to  begin  suits,  when 134 

how  collected  by  treasurer 133 

compensation  of  commissioners,  in 135 

CONDUCTORS— See  Railavays— 

must  not  stop  train  on  street  crossing 1053 

duty  of,  on  street  car 1071 

CONDUITS— 

laying  in  streets,  regulations  governing 528 

CONTAGIOUS  DISEASES— See  Health  Department— 

duty  of  health  officers 295 

may  be  quarantined 301 

physicians  must  notify  healtli  olKcer  of 300 

CONTEMPT— 

what  is,  how  punished 1042 

CONTRACTS— 

for  first-class  crossings,  how  let 525 

for  constrneting  sidewalks 556-569 

for  repairing  sidewalks 573 

for  city  printing 1047 

for  construction  of  sewers 1139 

CORN  DOCTOR— 

license  for 620 

CORPORATE  LIMITS— 

boundaries  of 60 

COSTS— 

of  paving 526 

of  sidewalk  repairs,  how  taxed 577 

of  abating  nuisance,  taxed  against  property,  when 809 

in  police  court,  informer  liable  for,  Avhen ,,    .  .1019 

bill  of,  to  be  examined 1041 

of  constructing  sewer  to  be  itemized  on  tax  bill 1161 

CO  STUMER^ 

license  for •.  .    ,  .    620 

COUNCIL  PROCEEDINGS— See  Common  Council— 

record  of,  to  be  kept 854 

COUNSELOR,  CITY— 

bond  of ..   885 

condemnation  proceedings,  shall  collect  tax  l)ills,  in 134 


INDEX.  773 

COUNSELOR,  CITY— Continned.  Stc. 

general  duties  defined ' 831 

sidewalk  repairs,  shall  collect  tax  bills  for 580 

shall  prosecute  susiDended  officer,  when 903 

assistant  counselor — ^duties 832 

counselor  and  assistant  to  otllce  at  City  Hall  and  devote  en- 
tire time  to  duties 834 

COUET— See  Police— 

COURTEZxVN— 

not  to  ply  trade 770 

is  a  vagrant 125<l 

COWS — See  Animals;  See  Milk — 

to  be  impounded  when  running  at  large 157 

offensive  pens  for 793 

CROSS  GUTTERS— 

how  constructed 523 

CROSSINGS— See  Railways— 

not  to  be  obstructed  by  engine  or  cars 1053 

street  cars  not  to  stop  on 1071 

railroad,  street  car  to  stop  at 1079 

drop  bars  to  be  placed  at,  when 1062 

watchman  to  be  stationed  at,  when 1061 

for  street  railway  tracks,  construction  of 109-1 

CROSSWALKS— 

tearing  up  or  injuring,  penalty  for 537 

how  constructed 523 

not  to  be  obstructed  by  vehicles 548 

CROWD— 

collecting  upon  sidewalk  by  sale 545 

CRUELTY— 

to  animals 748 

CURBING— 

posters  not  to  be  affixed  to 36 

shall  consist  of  what 520 

to  be  kept  in  repair 5*1 

DAIRIES— See  Milk— 

license  for 712 

location  of  to  be  registered 714 

inspection  of 715 

DAMAGES— 

in  condemnation  of  private  property,  award  of 131 

persons  digging  in  street  must  give  hand  to  coV.er 529 

recovery  of,  permitted  by  ordinance 918 

to  trees  by  animal,  owner  liable 1250 

DANGER  SIGNAI^- 

not  to  be  removed  or  interfered  with 760 


774  REVISED   ORDINANCES. 

DEAD  ANIMALS— See  Animals—  Sec. 

not  to  be  left  in  street 803 

DEAD  BODIES— 

not  to  be  interred  witliout  permit 319 

DEATHS — See  Health  Department — 

at  hospital,  health  offioer  to  keep  record  of 294 

certificates,  physicians  shall  make,  ^rhen 321 

health  officer  shall  give,  when 322 

record  of  to  be  kept '  .  .    .  .  326 

to  be  reported  by  attending  physician 328 

DEBTS— 

firemen  may  be  discharged  for  refusing  to  pay 222 

DELINQUENT  TAXES— 

compensation  for  collecting 1104 

DEPOSITIONS-- 

niay  be  read  on  trial  of  suspended  officer 902 

may  be  read  in  police  court 1026 

DEPOSITS— 

with  city  officer  by  corporation,  etc.,  how  disposed  of 908 

required  to  cover  cost  of  publishing  certain  ordinances.  .    .  .  92^ 

treasurer  shall  make  daily 848 

DEPOTS,  PASSENGEE— See  Union  Depot— 

solicitation  of  passengers  at,  provisions  governing 939 

hotel  runners  not  to  solicit  in 940 

carriages  for  passengers — vehicles  stand  at 941 

DEPUTIES— See  Oeeiceks— 

assessor  may  appoint 861 

officers  may  appoint 905 

DIGGING  IN  STEEETS— See  Excavations— 

without  permit — penalty  for 533 

DISEASES — See  Health  Department — 

prevalence  of  dangerous,  duty  of  health  officer.- 292 

contagious,  physicians  to  notify  health  officer  of 300 

DISOEDEELY  CONDUCT— See  Misdemeanors— 

in  the  market — market-master  may  arrest 687 

in  or  near  place  of  worship 725 

DISPENSAEY,  CITY— 

how  conducted 317 

DISTEIBUTIONS— 

of  copies  of  revised  laws  and  ordinances 859 

of  samples  of  merchandise,  hand  bills,  etc 757 

of  samples  of  medicines,  etc 758 

DISTUEBANCE— 

at  election 201 

of  the  peace  of  others 724 


INDEX. 


775 


DISTTJEBANCE— Continued.  S,e. 

of  religious  or  other  assembly 735 

by  runners,  prohibited HOD 

DOGS^ 

to  be  registered  and  wear  a  collar 136 

clerk  to  furnish  tax,  fee 137 

to  keep  a  recor-d,  etc 138 

must  wear  collar  with  tag 139 

vicious  dog  must  not  be  kept 141 

must  be  muzzled,  when 142 

barking  dog 143 

female,  not  to  run  at  large  when  in  heat 144 

country  dog 145 

harboring  dog,  what  is 146 

fees  of  impounder 153 

not  allowed  at  large  in  parks 934 

DOG  ENUMERATOR— See  Impounder— 

DRAINS— See  Sewers- 

DRAMATIC  EXHIBITIONS— See  Amusements— 

DRAMSHOPS— 

keeper  of,  defined 166 

intoxicating  liquor  defined ; 167 

license,  amount  of 168 

how  issued — bond  required 169 

for  business  at  one  place — how  transferred 170 

shall  be  issued  for  three  months 171 

application  for — petition  required 172 

certificate  of  assessor 173 

to  be  kept  at  piaffe  designated  in  license 175 

selling  to  minor — lewd  women 177 

not  to  he  kept  open  on  Sunday  or  election  day 178 

performing  on  musical  instruments,  sparring,  boxing,  gam- 
ing tables,  prohiljited  in 180 

lewd  women,  employment  of  prohibited 181 

not  to  be  kept  in  house  of  ill  fame 182 

intoxicating  liquors  not  to  be  sold  in  thei'ter 183 

license  may  be  revoked 186 

loitering  near 726 

DRIVERS— See  Vehicles— 

of  vehicles  to  keep  to  the  right 747 

of  street  cars,  duties  of 1071 

of  licensed  hack>;,  etc.,  to  give  bond 1260 

intoxicated  while  on  duty,  penalty 1261 

refusing  or  deceiving  passenger,  penalty 1262 

of  express  anrl  job  wagons,  regulations  concerning 1267 

DRIVING — See  Misdemeanors — 

over  fire  hose  prohibited 743 


77(',  REVISED  ORDINANCES. 

J)Kn'JNG — See  Misuemeaxoe — ('ontimicd.  iSee. 

on  bridge  faster  than  walk 744 

on  sidowalk,  prolnl)ite(l 745 

fast  driving,  prohibited 746 

DKUGS— 

itinerant  vendor  of.  liccmse  for 623 

DRUNKENNESS— 

an  offense,  when 728 

of  drivers  of  licensed  vehiele,  pi'iialty 1261 

J) Y N A]\IITE— See  Nitko-G lyceki x k— 

EAirrH— 

removal  of.  rroni  street,  etc 537 

sidewalks  to  be  kept  clear  of 547 

EATING  HOUSES— 

license  for 621 

ELECTION— 

ballots,  ballot  boxes,  etc.,  how  returned 194 

ballots  not  to  be  examined 200 

certific:ates  to  be  issued,  when 197 

clerks  of,  how  appointed 191 

compensation  of  judges,  clerks,  etc 202 

dramshop  not  to  open  on  election  day 178 

how  conducted 193 

governed  by  what  laws 187 

judges  to  have  copy  of  ordinance  governing 205 

judges  of,  appointment  of 189 

notice  to  be  given  by  city  clerk 192 

voters  may  elect,  when 190 

to  preserve  order 201 

judge  or  clerk  quitting  service,  penalty 198 

when  sick,  another  to  be  elected 199 

notice  of,  how  given 188 

ollicers  to  be  provided  at,  by  chief  of  police 203 

precinct  boundaries  and  polling  places 62 

rejected  ballots  to  be  preserved 195 

returns  of,  to  be  canvassed,  how 196 

seizing  ballot  box,  penalty 204 

special  elections  governed  by  same  laws 207 

proclamation  for 209 

tie  vote,  how  determined 20(5 

vacancies,  how  filled 208 

ELECTRICIAN,  CITY— 

office  of.  created — term — ^Iwnd 868 

qualifications  of 869 

general  duties  of 869-872 

ELECTRIC  LIGHT  PTvANT,  CITY— See  Street  Lighting— 

citv  electrician  sliall  superintend 870 


INDEX.  777 

ELECTRIC   LIGHT   PLANT,   CITY— See       Street      Lighting— Continued. 

to  file  inventon  of  siipjjlies  and  unpaid  bills,  when 1103 

poles  or  towers  of,  penalty  i'ot  cliinbiiiti;  on 76'.) 

ELECTIUC  WIRES— 

alteration  or  addition  to,  eleciruian  to  be  notilied 875 

djsturbijig  or  destrovini;  poles,  wires,  etc 738 

insj)ectiou  of 873 

record  to  be  ki']rt,  c(  rtilicati'  ro  be  uiven 877 

appeal  from  decision  O'f  cit.y  elec-trician 878 

rules  for  elecctrical  wiring 874 

terms  defined 87G 

EMPLOYES— 

city,  general  provisions  relating  to 888-J)13 

must  be  a  citizen i)0() 

what  is  a  legal  day's  work  of 907 

license  will  protect,  when (KJO 

EMPLOYMENT— See  Ixtellicence  Ofeices— 
ENGINEER,  CITY— See  Highways;  See  SEWEiiS— 

accident,  to  diagram  place  of,  wlien 3 

bond  of 885 

buildirtg  inspection  department,  is  ex-oiticio  member  of.  ...     65 

condemnation  proceedings,  to  furnish  plats  for 130 

dttty  as  to  tax  bills 527 

duties  of,  in  general 881 

in  grading,  improvement  and  repair  of  streets.  .    .  .519-527 

in  relation  to  sidewalks 557 

as  to  railway  drop  bars  and  gates .  .1063 

to  notify  street  railway  company  to  restore  street,  etc.  .1088 
as  to  construction  and  paving  street  railway  tracks.. 1089-1093 

as  to  plank  crossings  for  street  railway  tracks 1094 

in  relation  to  sewers  and  drains 1139 

may  plant  shade  trees,  -when 1248 

qualificaitions  of / 883 

ENGINEERS— See  Boilers— 

board  of  examining,  appointment  of 43 

duties  of — to  grant  engineer's  license 45 

stationary,  must  have  license  to  run  engine 49 

chief  and  assistant,  of  the  fire  department 210 

ENGINES,  LOCOMOTIVE— See  Railavays— 

climbing  or  jumping  upon,  penalty 737 

regulations  governing 1052-1065 

ENTERTAINMENTS,  PUBLIC - 

license  for  various 6 

ESTIMATES— See  Contracts— 

of  cost  required  in  application  for  building  permit 70 

comptrollers,  of  amount  to  be  raised  by  taxation 824 


778  REVISED   ORDINANCES. 

Sec, 
i^] X AMIA^ATIOJSr— Se E  In sfectioxV— 

books  of  officers  to  be  submitted  for,  when 891 

of  accounts  and  claims  duty  of  auditor 835 

of  applicant  for  engineer's  license 45 

EXCAVATIONS— 

fof  private  sewers  or  drains 114(t 

for  streets,  etc..  provisions  concerning 5'38 

to  be  guarded 538 

under  sidewalk 551 

EXECUTIONS— 

by  judge  of  police  court,  form  of 1023 

in  default  of  payment,  defenda.nt  to  be  connnittecT 1024 

items  of  cost  in,  to  be  examined 1041 

EXHIBITIONS— See  Amusements— 

license  for  various f> 

in  dramshop,  what  prohibited 180 

immoral  or  lewd,  prohibited 769 

EXITS— 

of  places  of  pul^hc  amusements 18 

EXPLOSIVES— See  Gunpowder— 

nitro-glycerine  not  to  be  kept 356 

not  to  be  discharged  without  permit 257 

sale  of,  to  minors 731 

EXPEESS  COMPANIES— 

license  for 647 

EXPEESSMEN— See  Passenger  Depots— 

EXPEESS  WAGONS— See  Vehicles— 

license  for 629 

stand  for 1267 

FACTOEIES— 

to  be  provided  with  fire  escapes 237 

what  are  deemed  nuisances 797 

FAIES— < 

license  for 15 

FALSE  ALAEM— 

of  fire 727 

FALSELY  EEPEESENTING— 

an  officer 766 

place  of  residence,  in  transferring  vehicle  license 1265 

FAEES—       - 

street  railroads  cannot  increase 1073 

rates  of  in  vehicles 1257-1259 

to  be  posted 1263 

FAST  DEIVING— See  Driving— 

on  streets,  etc 746 


INDEX.  779 

FEED  STABLE— See  Wagon  Yard—  Sec. 

license  for G21 

FEES — See  Compexsation — 

for  engineer's  license 45 

for  inspection  of  boilers 50 

of  superintendent  of  buildings 77 

of  chimney  sweep 11-1 

of  clerk  for  copies  of  papers,  etc 855 

for  regiistering  dog 137 

of  impounder 153 

for  moving  garbage 269 

for  permit  for  excavating  in  street 531 

of  inspector  of  licenses 599 

of  witness  in  trial  of  citv  officer 904 

of  pawnbroker 949 

of  witnesses  and  interpreter — in  police  cout 1027 

liaid  into  treasury,  when 1037 

for  weighing 1120 

for  carrying  passengers  in  vehicles 1257 

allowed  jol)  wagons,  etc 1258-1259 

FENCES— 

animals  not  to  be  hitched  to.  what 742 

barbed  wire,  prohiliited 7G2 

injuring  or  defacing 740 

FIGHTING— 

cock  fight  in  dramshop,  penalty 180 

or  striking  another 724 

FILTH— See  Garbage— 

not  to  be  thrown,  where 803 

FINANCE  COMMITTEE— 

auditor  to  make  settlements  with 839 

must  deliver  canceled  indebtedness  to 841 

how  disposed  of 1100 

FINANCIAL  AGENT  OK  BROKER— 

license  for , fil8 

FINES— See  Penalties— 

how  recovered 1005 

to  be  paid  into  treasury 1037 

FIEE  ALARM— 

boxes,  injuring  or  removing 738 

giving  false 727 

FIRE  ARMS— 

carrying  concealerl 729 

not  to  be  discharged  witlioiit  a  permit 257 

sale  of  to  minors 731 


780  RJ3VISED  ORDINANCES. 

FIRE  DEPARTMENT—  Sec. 

chief  of,  general  duties  of 218 

is  ex-officio  member  of  Ijiiilding'  inspection  department.  .  05 

chief  and  assistant  engineer's,  how  appointed 211 

composition  of  department 210 

discharge  of  officer  or  member,  cause  for 222 

extension  of,  to  be  approved  by  committee 210 

foremen,  appointment  and  removal  of 213 

duties  of 219 

leave  o^^  absence,  substitute  to  be  provided 217 

loiters  not  allowed  around  lire  house 224 

members,  appointment  or  removal  of 213 

qualifications  of 214 

not  to  peddle  election  tickets 220 

to  wear  uniform  and  obey  orders 221 

to  report  nuisances  and  defective  sidewalks 228 

may  arrest  escaped  workhousi'  prisoner 1927 

pay  roll  to  be  made  out  by  chief 21G 

property  of.  when  and  how  sold 227 

right  of  way  of,  not  to  be  obstructed 225 

rules  and  regulations,  how  made 215 

street  car  not  to  interfere  with  operations  of 1072 

fire  limits,  of  the  first  class,  boundaries  of 229 

buildings  within,  to  be  constructed,  how 230 

of  the  second  class 231 

buildings  within,  to  be  constructed,  how 232 

raising  and  removal  of  wooden  l)uildings 233 

violation,  penalty  for 234 

building  to  be  removed 235 

lumber  yard  excluded 236 

fire  escapes,  what  Iniil'dings  to  be  provided  with 237 

construction  of 239 

hotels,  etc.,  to  provide  rope  or  ladder 241 

iron  balconies  and  stairs ^  .  .  242 

to  post  notice  in  rooms 243 

prevention  of  fires,  power  of  chief 245 

sto've  or  furnace,  how  erected 24  6 

stove  pipes,  regulation  of 247 

combustibles,  ignition  in  streets 248 

lamps  and  candles 249 

combustible  substances,  stacking  of 250 

carrying  fire 251 

spark  arrester  in  blacksmith  shop 253 

shop  fires  to  be  extinguished 254 

shavings,  regulations  concerning 255 

nitro-glycerine  not  to  be  kept ,  266 

discharging  fire  aiTns.  etc 257 

storage  of  combustibles — phosphorous,  coal  oil,  etc 259 


INDEX. 


781 


FIRE  DEPAETME^'T— Coutinued.  Sec. 

coal  oil  may  be  stored,  where 260 

oil  must  be  confined,  when 261 

light  iluids  to  be  kept,  how 262 

night  watch  to  be  kept 2().3 

FIEEMEN'S  PENSION  FUND— 

how  created 265 

auditor  to  draw  warrant  in  payment 266 

authority  for  act 267 

EIRE  HOSE— 

driving  over 743 

FIRE  HYDRANTS— 

animals  not  to  be  hitched  to 742 

FIREWOOD— See  Wood— 

FIREWORKS— 

discharging,  permit  required  for 257 

FISCAL  AFFAIRS-^ 

account  books,  etc.,  relating  to 835 

of  departments,  comptroller  s'nall  supervise 8l*J 

FISH— 

peddler  of,  license  for 643 

FLAGMAN— 

to  be  stationed  at  railway  crossings,  when 1061 

FLUES— 

construction  of 90 

defective,  to  be  repaired 115 

to  be  cleaned 116 

in  blacksmith  shop  to  have  spark  arrester 253 

FOOD— 

clerk  of  board  of  health  to  analyze 307 

to  enforce  ordinances  relating  to  adulteration  of 307 

adulterated  foods — sale — ^penalty 337 

sale  without  label  — penalty 338 

offering  boarder — penalty 339 

FORFEITURE— 

of  dramshop  license  declared,  when 178 

of  bonds,  in  police  court  adjudged,  when lOll 

of  lease  for  market  stall ' 670 

FORMS— 

of  oath  of  judges  and  clerks  of  election •  .  .    .  .  189 

of  license  to  be  prescribed  by  comptroller 656 

of  merchant's  bond 699 

of  Hcense 700 

oP  certificate  on  ordinance  passed  over  veto 919 

when  not  returned  in  five  days 980 


782  REVISED  ORDINANCES. 

FOliMS— Cointinued.  Sec. 

of  statement  in  police  court 1005 

of  execution ....  10'23 

of  attachment  for  witness 1028 

of  certificate  of  advertisement  of  undeeded  real  estate.  .  .  .1105 
I'OliTUiXE  TELLER— 

license  for 630 

FOUNDATIONS— 

to  be  of  masonry 86 

FOUNTAINS— 

street,  injuring  or  depositing  filth  in 740 

public  park,  injuring,  etc 931 

FOWLS— 

offensive  pens  for 808 

FKANCHISES— 

beneficiaries  to  pay  for  publishing  ordinances 922 

shall  furnish  copies,  when 924 

FRAUD— 

by  auctioneer  prohibited 2G 

in  concealing  gunpowder 280 

false  instrument  of  weight  or  measure 601 

by  keeper  of  intelligence  ofliee 610 

by  selling  skimmed  or  adulterated  milk 710 

in  giving  false  alarm  of  fire 727 

in  protending  to  be  an  officer 766 

in  diminishing  weights 601 

in  transferring  vehicle  license 1265 

in  selling  fire  wood 1284 

FREIGHT— 

transportation  of,  over  street  railroads  prohibited 1073 

FRUIT  PEELINGS— 

not  to  be  thrown  on  sidewalk 777 

FUNDS— 

auditor  shall  keep  account  of 835 

comptroller  to  report  condition  of .  .   .  ._  .  . 823 

treasurer  to  keep  separate  account  of  each 843 

1^"  UB  N  A  C  E  S —  S  EE  Bui  LDi  ngs — 

to  be  on  platform 252 

GAMBLERS— 

declared  to  be  vagrants 1252 

associates  of,  are  vagrants 1252 

GAMBLING— 

keeping  device  for,  etc 767 

GAMING  DEVICE— 

wliat,  not  allowofl  in  dramsliops 180 

GAMES— 

playing  of  in  streets 736 


INDEX. 


783 


GAMES — Continued.  Sec. 

in  public  parks 927 

GARBAGE — See  Nuisances — 

charges  allowed  for  removal  of 2G9 

depositing  in  street,  penalty  for 272 

mover  of  shall  register,  etc 2G^ 

must  have  suitable  cart 270 

occupants  must  provide  for  removal  of 271 

dead  animals — board  of  health  to  contract  for  removal  of..  275 

GAS  LAMPS— 

disturbing  or  destroying 738 

GASOLINE— 

storage  of 259 

GOATS— 

not  to  run  at  large ' 157 

GONG S — iS'ee  Bells — 

street  cars  to  be  fitted  with 1078 

to  be  sounded  at  railroad  crossings 1078 

GEADES  OF  STREETS— See  Highways— 

how  established 517 

at  what  elevation 518 

GRADING— See  Highways— 

duties  of  city  engineer 527 

how  performed 519 

for  sidewalk 559 

GRAIN  DEALER— 

license  for 621 

GUARDIANS— 

shall  not  allow  child  on  street  at  night,  when 734 

GUARDS— 

red  light  to  guard  ol^structions  in  street 103 

to  be  kept  at  oil  storage  house,  when 263 

to  be  placed  at  excavations 534 

removing  from  dangerous  place 760 

to  be  stationed  at  railway  crossing,  when 1061 

GUNPOWDER— 

storage  of,  regulated 276 

sale  of — sign  at  door 277 

how  carried  in  streets,  must  be  secured 278 

in  vehicles 279 

concealing,  to  be  seized 280 

search  warrant  for 281 

officers  to  report  violations 282 

GUNS— 

not  to  be  discharged  without  permit 257 

sale  of  to  minors 731 


784  REVISED   ORDINANCES. 

GUTTERS— See  Highways—  ^or. 

not  to  be  obstructed 70 

construction  of 521 

cross  gutters.  . 523 

repair  of 576 

HACKS — See  Vehicles  — 

stand  for,  at  Union  Depot 9-il 

hackmen  restricted  at  passenger  depots 939 

HALLS— PUBLIC— 

to  be  provided  with  lire  escapes 237 

HAND  BILLS— 

affixing  to  property  without  permission,  penalty 755 

distributing,  license  required  for 757 

for  certain  purposes,  no  license  required 757 

not  to  be  destroyed,  when 37 

not  to  be  thrown  on  streets 756 

HAWKERS— 

license  for 621 

HAY— 

stacking  of,  how  regulated 250 

to  be  weighed  before  sale 1112 

not  to  be  weighed  by  private  persons,  except  when .  .    .  .    .  .  1123 

HAY  MARKET— 

location  of 680 

vehicles  at,  to  stand  as  directed 681 

HEAD  LIGHT— 

on  locomotive,  required  when 1055 

HEALTH  DEPARTMENT— 

board  of  health,  appointjnent  and  commission  of 283 

health  officer^ — appointment  of 289 

headquarters  of  board 284 

meetings  of — quorum 285 

sanitary  inspector,  duties  of 313 

health  otlicer  may  prohibit  use  of  defective  garbage  cart  ....  270 

to  inspect  dairies,  etc 715 

clerk  of,  duties  of — salary 305 

shall  keep  account  of  expenses  of  board 310 

shall  pay  moneys  over  to  treasurer 311 

accounts  of,  to  be  approved  and  audited 286 

may  quarantine  and  order,  de-struction  of  aticles 287 

shall  visit  hospital  and  workhouse 288 

ice  permits,  to  grant 591 

meat  shops  shall  be  under  control  of 690 

nuisances,  duties  of  as  to 805 

health  officer,  appointment  of 289 

to  look  for  sanitarv  condition 290 


INDEX. 


785 


HEALTH  DEPAKTMENT— Oontinnod.  Sec. 

supervision  of  city  during  epidemic 292 

duty  in  case  of  small-pox 292 

may  quarantine,  etc 301 

to  visit  hospital  and  workhouse 293 

shall  keep  record  of  deaths  at  hospital 294 

physicians  must  notify  of  contagious  disease. ,    ..  300 

to  attend  indigent  sick 295 

shall  give  death  certificate,  when 322 

scavenger  work,  may  prescribe  details  for  doing 1130 

workhouse,  duties  at 1294 

shall  assist  city  counselor 296 

assistant  health  officer 297 

clerk  of  board  of  health,  qualifications  of 304 

to  report  aimually  to  council 306 

shall  have  charge  of  records 309 

shall  have  charge  of  city  dispensary 317 

to  examine  ice  and  issue  permits 592 

garbage  movers  shall  register,  with 268 

milk  dealers  to  register 714 

city  hospital,  established 316 

for  care  of  persons  afflicted  with  infectious   and  malignant 

diseases 316 

under  control  of  health  officer 290 

city  dispensary,  established — how  conducted 317 

mortuary  records — burial  permits 318 

body  not  to  be  interred  without  permit 319 

sextons  to  make  reports 320 

to  keep  records 334 

death  certificate,  physicians  shall  make 321 

health  olficer  shall  give,  when 322 

neglect  of  physicians  and  sextons 321 

vital  statistics— record  of  marriages,  etc 326 

births  shall  be  reported •.  327 

deaths  to  be  reported _. 328 

quarantine^ — general  regulations 329 

police  to  arrest  persons  disobeying 330 

obedience  of  orders  may  be  enforced 331 

regulations  may  be  enforced 333 

board  may  employ  what  agencies 333 

regulations  to  prevent  spread  of  disease 334 

funds,  how  applied 335 

of  house,  by  health  officer 301 

HIDES— 

storage  of 792 


786  REVISED   ORDINANCES. 

HIGHWAYS— See  Stkeets—  Sco. 

naming  of  streets 340 

manner  of  describing  boundaries 341 

streets,  avenues  and  roads  designated  by  names,  alpha- 
betically arranged 342-480 

streets  designated  by  numbers,  numerically  arranged. 481-507 
avenues     designated      by     numbers,      numerically      ar- 
ranged  508-51o 

grades  of  streets,  how  established 517 

at  what  elevation 518 

grading,  improvement  and  repair  of  streets ...519-527 

grading,  how  performed 519 

CLirbiiJg  shall  consist  of  what 520 

guttering  to  be  done  m  what  manner 521 

improvements,  contract  for,  cost  assessed  liuw 52G 

macadamizing,  to  be  done  in  what  manner 522 

cross  gutters,  specifications  for 523 

crosswalks,  specifications  for 525 

first-class,  contract  let  how 525 

excavating  in  streets,  regulations  goveriiing 528-53 G 

permit  for,  applicant  must  file  bond. 529 

to  be  kept  on  the  work 530 

fees  for 531 

plat  or  plan  to  be  submitted,  when 530 

application  to  state,  what.  .    .      532 

work  treated  as  defective,  when 532 

guards  and  red  lights  to  be  maintained 534 

sewer  work,  ordinance  governing  not  affected 535 

hitching  posts  and  shade  trees,  permits  for 536 

obstructions  of  streets,  sidewalks,  etc 537-555 

tearing  up  or  otherwise  injuring 537 

excavations  to  be  guarded 538 

by  putting  building  in  street 539 

by  teams  and  vehicles.  .   . 540 

posts,  what  may  be  erected 541 

awnings,  how  erected 542 

signs,  boxes  and  fixtures 543 

goods,  wares,  etc.,  on  sidewalks 544 

by  auction  sales,  etc 545 

cellar  door  or  window  in  sidewalk 546 

must  not  be  left  open 550 

snow,  ice,  mud,  etc.,  on  sidewalk 547 

vehicles  and  animals  on  cross-walks 548 

pipes  must  not  throw  water  on  sidewalk 549 

vaults  under  sidewalks,  construction  of 551 

construction   ^nthout  permit,   penalty 552 

by  building  material 73 

red  li<3:ht  to  be  maintained 103 


INDEX.  737 

HIGHWAYS — See  Si'i;eets — Continued.  Sec. 

moving  building  in 105-107 

telephone  and  other  poles  to  be  branded 553 

sidewalks,  classification  and  construction 556-569 

width  specified 556 

classification 557 

permit  to  construct,  conditions  of 558 

to  be  laid  on  grade 559 

flag  or  artificial  stone,  to  be  laid  in  what  district.  .    .  .   560 

specifications  for 561 

how  laid 562 

plank  sidewalk,  construction  of,  prohibited 566 

shall  be  removed,  when 568 

repair  of  sidewalks 570-580 

term  "repairs"  defined 570 

duty  of  board  of  public  works 573 

notice  in  isolated  cases 571 

owner  or  agent  guilty  of  misdemeanor,  when 573 

contract  to  be  advertised,  etc 576 

to  be  made  by  day's  work 575 

general   repairs,   board   of   public    works   may   contract, 

for 576 

costs,  how  taxed 577 

tax  bills,  collection  of 579 

HITCHING— 

animal  to  be  securely  fastened 746 

where  prohibited 743 

posts,  permits  required  for  erecting 536 

HOGS— 

not  to  be  at  large 157 

slaughtering  in  city  prohibited,  except 749 

pen  to  be  kept  clean 793 

declared  nuisances,  when 808 

HOESES — See  Animals — 

not  to  be  hitclied,  where 742 

driving  on  bridge 744 

fast  driving — leaving  unfastened 740 

exposing  stallion 768 

HOESES  OE  CATTLE  DEALEE— 

license  for 631 

HOSPITAL^See  Health  DErAKTMENX— 

established 316 

citv  hospital,  management  of 316 

board  of  healtii  shall  visit 288 

duties  of  health  officer  at 393 

private  veneral,  license  for 621 


788  REVISED  ORDINANCES. 

HOTELS  AND  BOAEDIXG  HOQSES—  tiec. 

must  have  fire  escapes 337 

license  for 581 

impure  milk,  etc.,  not  to  offer  guests 711 

runners  for,  not  to  solicit  in  depots 940 

license  for — provisions  governing HOG 

HOUSE  AND  EEAL  ESTATE  AGENT— 

license  for 618 

HOUSES — See  Buildings — 

of  ill-fame,  provisions  concerning 771 

HUCKSTEKS— 

license  for 583 

to  wear  badge 589 

vender  of  fish  declared  hucksters 585 

wholesale  hucksters 588 

badges  for  wholesale  liucksters 589 

HYDEANTS— 

advertisements  not  to  be  affixed  to 36 

animals  not  to  be  lutched  to 742 

ICE— 

permit,  not  to  be  cut  or  stored  without 591 

not  to  be  granted,  when 592 

may  be  revoked — samples  of  ice 593 

to  be  kept  where 594 

not  to  cover  more  than  three  acres 595 

ICE  ceea:\[  PAELOK— 

license  for '.    .  ,  621 

ICE  AND  SNOW— 

to  be  cleaned  off  sidewalks 547 

IDLE  PEESONS— 

deemed  vagrants,  when 1252 

ILL-FAME— 

house  of,  dramshop  not  to  be  licensed  in 182 

provisions  concerning 771 

inmate  deemed  a  vagrant,  when 1252 

IMMOEAL  CONDUCT— See  Mtsdemeanous— 
-IMPENDING  TEAVEI^-See  Obstructions— 

press  of  teams  in  street 540 

reoUecting  crowd  on  sidewalk  or  street 545 

^iMPOUNDEE— See  Dogs— 

appointment  of — iduties 147 

bond  to  be  given 148 

to  keep  a  record 149 

may  employ  assistants 161 

salary  and  fees  allowed  for 153 

impounding  liv(!  stock,  what  may  be  impounded 157 


INDEX.  789 

IMPOUNDEE— See  Dogs— Continued.  Sec. 

duties  uf  impounder — fees 158 

shall  report  to  comptroller Kil 

city  clerk  to  attend  sales 163 

INDEBTEDNESS— 

in  favor  of  city  to  be  deducted  from  warrants.  .    .  . 837 

canceled,  to  be  turned  over  to  auditor 841 

auditor  shall  deliver  to  finance  committee 839 

disposition  of ....         839 

INDECENCY— 

in  swimming 764 

use  of  male  animals , 768 

by  exposure  of  person,  picture,  etc 769 

INFECTIOUS  DISEASES— See  Health  Depahtment— 

INFLAMABLE   SUBSTANCES— See  Health  Department- 

INJUKY— See  Accidents — See  Misdemeanors — 

to  pavements,  crosswalks,  etc 537 

to  telegraph  wires,  etc 738 

to  buildings,  posts,  shade  trees,  etc 740 

to  bridges,  etc 741 

to  books,  etc.,  of  free  pulilic  library 779 

to  property  in  public  parks 931 

to  tree,  by  animal,  owner  liable,  for 1250 

INMATE— 

or  boarder  in  bawdy  house 772 

deemed  a  vagrant,  when 1252 

INSANE— 

mayor  may  provide  for  temporary  keeping  oT 816 

INSPECTION — See  Boilers,  Buildings,,  Electrician,  Ice,  Milk — 

of  dairies,  assistant  health  officer  to  make 715 

of  food,  etc.,  to  be  made  by  clerk  of  board  of  health 307 

of  city,  to  be  made  by  health  officer  and  public,  when 807 

INSPECTOR  OF  LICENSES,  WEIGHTS   AND   MEASURES— 

appointment  of — bond  of 597 

general  duties  of 598 

fees  and  compensation 599 

must  use  proper  standard  for  testing 602 

must  require  licenses  to  be  taken  out .  .   603 

shall  keep  a  record  of  licenses 653 

weight  tickets 605 

deputy  license  inspector 607 

INSURANCE— 

agent,  license  for 618 

broker,  license  for 618 

company,  license  for 608 


790  REVISED   ORDINANCES. 

J  VFELLIGENCK  0 FFl  C^E—  Sec 

license  for 610 

aj>}j]icatioii  for,  to  be  endorsed  by  whom 611 

penalty  for  fraud  and  deception 612 

INTEPiMEXTS— 

permit  tor,  nms't  be  procured 318 

sextons  to  make  report  of 320 

TNTOXICATIN  li  EIQUORS— See  Dkamsuops— 

term  defined 167 

not  to  be  sold  by  tlu-  drink  uiidcr  merchant's  license 708 

penalt}'  for  selling  liquor  to  minor 177 

sale  of.  in  theatres,  prohibited 183 

INTOXICATION— 

an  offense,  when 728 

of  license  vehicle  driver,  penalty 1281 

JUDGES — See  Electiox — See  Police  Judge — 

of  election,  how  appointed, 189 

•lUDlCIARY  COMMITTEE— 

composition  of — to  have  control  of  legal  matters 125 

JUNK— 

dealer,  license  for 614 

shop,  license  for 613 

record  of  purchases  to  be  kei)t 616 

JUSTICES  OF  TFIE  PEACF:— 

to  canvass  election  returns 196 

practice  before,  governs  in  police  court,  when 1034 

laboe— 

eight  hours  constitute  a  day's  work 907 

workhouse  prisoners  required  to  work 1292 

LAMPS  AND  LAMP  POSTS— 

disturbing,  etc.,  provisions  concerning 738 

animals  not  to  be  hitched  to 742 

trees  not  allowed  to  obstruct  public  lamps 1249 

LAUNDRY  KEEPER— 

license  for 621 

LEASES— 

of  city  property,  comptroller  to  attend  to 822 

of  market  stalls,  etc 666 

adjudged  forfeited,  when 670 

LECTURE— 

license  for 6 

LEAVE  OF  ABSENCE— 

of  firemen 217 

mayor  may  grant  to  otiicers 818 

officers  not  to  be  absent  without 889 


INDEX.  791 

LEGISLATION—  Sec. 

composition  of  committee  on,  duties,  etc I'-i? 

LEWD  CONDUCT— See  Misdemeanors  — 
LIBIiAKY,  FiiEE  PUBLIC— 

injuring  books,  etc.,  of,  penalty TT'j 

LICENSES— 

insijeclor  to  require  license GO'S 

provisions  concerning 617-6(5 v 

"person"'  defined 650 

term  of  license 651 

license  to  be  posted 65r<J 

inspector  nmst  keep  a  record 653 

ma}  be  issued  to  two  or  more Go'.) 

will  protect  employe  when 660 

shall  specify  location — how  transferred 661 

penalty 663 

occupations,  denondnated  sundry,  subject  to  tax 617-617 

anmscments,  etc.,  sundry,  subject  to  tax 61-5 

abstractor's 637 

auctioneei''s "-.'5 

bakeries 635 

banks 636 

billiard  and  other  tables 28 

bill  posters 31 

boarding  houses 581 

building  or  house  movers 105 

canvassers — non-resident 644 

chattel  loaners.  .         623 

distributing  hand  bills,  etc 31 

dramshops 168 

drugs,  itenerant  vendor  of 623 

engineers 45 

hotels 581 

hucksters .  .  583 

insurance  companies 608 

intelligence  offices 610 

junk  shops 613 

junk  dealers 614 

livery  stables 639 

meat  shops 688 

meat  dealer,  wholesale 693 

merchants 695 

milk  dealer 712 

pawnl)rokers 943 

peddlers 642 

pictures  or  photographs,  enlarging  of 638 

street  cars 1080 

runners 1106 


792  REVISED  ORDINANCES. 

j.ICENSES— Continued.  S-c. 

scales,  public 1111 

storage  houses 646 

telegraph  and  express  companies 647 

trading  bank  check  or  premium  stamp  concern 634 

undertakers 627 

vehicles ^ 629 

LIGHT  PLANT— See  Electuic  Lights— 

LIGHTS— 

in  stables  prohibited,  except 249 

to  be  maintained  at  building  obstruction 103 

at  excavatioais '.  534 

removing  from  dangerous  place,  penalty 760 

LLMITATIONS— 

of  prosecutions  under  ordinance 1033 

LIMITS— See  Boundaries— 

LIVEEY  STABLES— 

license  for 639 

manure  from  not  to  be  deposited  in  street 794 

offensive  or  foul,  penalty  for  keeping 797 

LIVE  STOCK  COMMISSIOX  i\JEECHAXT— 

license  foT 620 

LOAN— 

agent,  license  for.  .   . 618 

loaning  on  chattels,  license  for 622 

LOCOMOTIVES— See  Kailways— 

jumping  upon  while  in  motion 737 

speed  of,  regulated 1052 

headlights  required 1055 

I)ell  to  be  rung 1057 

not  allowed  on  street  railway 1073 

LOITERING— 

prohibited,  where 726 

around  engine  house,  forbidden 224 

LUMBEK— 

must  not  be  put  in  street 1056 

yard,  excluded  from  lire  limits 236 

MACADAMIZING— See  Highways— 

to  l)e  done  in  what  way 522 

MAGNIEYING  GLASS— 

license  for 10 

MANUFACTURER'S  AGENT— 

license  for 618 

MAPS- 

of  ground  where  accident  happened 3 

in  condemnation  proceedings 130 


INDEX.  793 

MARKETS—  Sec. 

designation  and  location  of 663 

central  marlvet,  plat  of  to  be  kept 664 

rental  to  be  fixed  by  public  building  committee 665 

stalls,  etc.,  when  offered  for  lease 666 

spaces  limited 667 

lease  forfeited  for  violation  of  rules 670 

hours  of 672 

unwholesome  meats,  sale  of  prohibited 673 

cleanhness  to  be  enforced 668 

dressing  animals — slops,  etc 674 

stalls  to  be  whitewashed,  etc 677 

articles  to  be  removed  from  stand,  when 678 

vehicles  not  to  remain,  except 681 

to  stand  how — price  for  each 679 

hay  market,  location  of 680 

vehifles  to  stand  as  directed — price 679 

penalty 682 

market  master,  appointment  of 683 

general  duties 684 

to  report  monthly 685 

shall  weigh  articles,  when 686 

police  powers  of 687 

cleanliness  to  be  enforced  in  stalls 668 

use  of  certain  lights  prohibited 669 

MARRIAGES— 

record  of,  to  be  kept  liy  ])nard  of  health 326 

MAYOR— 

installation  of 813 

general  power  of  supervision 814 

power  in  case  of  riot,  etc 815 

in  case  paupers,  insane  or  idiots 816 

vacancy  in  otnce  of,  how  filled 817 

tie  in  election  of,  how  determined 206 

may  grant  leave  of  absence 818 

to  approve  bond  of  comptroller 886 

is  a  member  of  judiciary  committee 125 

to  make  proclamation  as  to  dogs,  when 142 

may  revoke  dramshop  license 186 

to  issue  notice  of  elections 188 

may  issue  permit  to  discharge  fire  arms,  etc 257 

may  employ  physician,  when 295 

permit  from,  required  for  certain  modes  of  advertising.  .36,  754 

MEASURES — See  Weights  and  Measures — 

to  be  inspected,  sealed,  etc 598 

MEATS— 

unwholesome,  sale  of  prohibited 673 


794  REVISED   ORDINANCES. 

MEATS— Continued.  Sec. 

shop  or  stand,  license  for 688 

to  be  Ivejo-fc  clean 6S\) 

under  control  of  board  of  lietJth 690 

wholesale  dealer,  license  for 693 

peddler,  license  for 645 

peddler  prohibited,  when ,  .    .  .  645 

MEDICINES— 

indigent  under  care  of  health  oflioer  supplied  with 317 

sample  of,  not  to  be  distributed  on  streets,  etc 758 

MEETING— 

disturbing  religious,  or  other  assembly 725 

MENAGEKIPJ— 

license  for 6 

iMEECIIANDlSE— 

'distributing  samples  of 757 

MEKCHANT'S  LICENSE- 

merchant  defined 694 

annual  license  required 696 

staieinent  of  cash  value  of  goods  to  l)e  filed 697 

duty  of  assessor 698 

proceedings  to  obtain,  form  of  bond 69'J 

form  of  license 700 

auditor  to  make  montlily  statement  of 701 

to  extend  taxes 703 

assessor  to  deliver  list  to  council 702 

how  obtained  after  January 701 

after  first  of  August 706 

taxed  extended  and  collected 705 

good  after  dissolution  of  partnership 707 

no  intoxicating  li(juors  to  be  sold 708 

MEERY-GO-EOITJND— 

license  for 11 

MILK— 

impure,  sale  O'f  piohibited 710 

hotel,  etc.,  not  to  otfer  to  agents 711 

dealer,  license  fur,  conditions 713 

inspection  of  oows,  stables,  etc 715 

adulterations,  manufacture  of  prohibited 716 

complaints,  to  whom  made 719 

attorney  to  report  result  of  prosecutions 721 

clerk  of  hoard  of  health  to  examine 306 

:\riNOiJS— ■ 

not  permitted  to  play  billiards 29 

selling  liquor  to,  prohibited 177 

cartridges,  pistols,  etc 731 

cigareites 732 


iNDL^x.  795 

MINORS— Continued.  See. 

under  certain  age  Jiol  allovvod  on  street,  wiicn 73o 

duty  of  parent  or  guardian 734 

police  may  arrest  ami  detain 735 

pawnbrolcer  n\ust  not  deal  with 948 

MlNS'rEEL  PERFOILM  AN (  K— 

license  for 6 

M:iSDEi\lEANORS— See  Specific  TrrLES— 

general  deiinition  of  term 785 

punishment  where  no  specitic  penally  provided 786 

a/dvertisements,  etc.,  carrying  on  street  without  permit.  .    .  .  754 

certain  modes  prohibited 754 

animals,  cruelty  to 748 

assembly  unlawful 723 

disturbing  religious  or  other 725 

barbed  wire  fence,  erection  or  maintenance  of 7G2 

bawdy  house,  keeping 771 

inmate  or  boarder  in 772 

frequenting 773 

cars,  jumping  or  climbing  upon 737 

cartridges,  pistols,  etc.,  selling  to  minors 731 

cigarettes,  selling  to  minors 732 

c-oncealed  weapons,  carrying  of 729 

cruelty  to  children 750 

"^curfew"  regulations 733 

distributing  samples  of  merchandise,  handbills,  etc 757 

distributing  samples  of  medicines,  etc 758 

disturbing  the  peace 724 

driving  fast 746! 

on  bridge  faster  than  walk 744 

on  sidewalk 745 

failure  to  keep  to  right 747 

■drunkeimess  in  public  place 728 

electric  light  poles,  climbing  upon 739 

escaping  from  custody 765 

expectorating  in  street  cars  prohibited 780 

filth,  keeping  on  vacant  property' 776 

filthy  act,  committing  in  building,  etc 740 

filthy  cars — use  of  prohibited 781 

fire,  giving  false  alarm  of 727 

alarm,  breaking  or  disturbing 738 

hose,  driving  over 743 

fruit  or  vegetable  substance,  throwing  on  sidewalk 777 

gamliling,  keeping  device  for 767 

guard,  removing  from  dangerous  place 760 

hand  bills,  etc.,  throwing  in  streets 756 

posting  without  permit 755 

distributinof  without  license 757 


796  REVISED   ORDINANCES. 

MISDEMEANOES— See  Specieic  Tei'les— Continued.  Sec. 

hitching  to  awning  post,  hydrant,  shade  tree,  etc 742 

leaving  animal  unfastened 74G 

indecency— dress,  exhibitions,  exposure  ol  person 769 

exposing  male  animal 768 

bathing  naked  in  river,  etc 764 

injuring  building,  post,  shade  trees,  etc 740 

poles,  wires,  alami  boxes,  etc 738 

sidewalk,  curbing,  etc 745 

books,  etc.,  of  free  public  library 779 

licentious  conduct,  by  lewd  women 770 

loitering  about  certain  places 736 

minors,  under  certain  age  on  streets  at  night.  Avhen 733 

parent  or  guardian  permitting  same 734 

not  to  be  placed  in  confinement,  except  wlien 735 

missiles  thowing  or  having  device  for 730 

officer,  falsely  personating 766 

pools,  filth,  etc.,  keeping  on  vacant  ]n^opert\- 776 

profane  language,  disturbing  others  by 724 

rubbish,  throwing  or  leaving  on  streets,  etc 761 

sidewalks,  driving  upon,  tearing  up  or  injuring 745 

throwing  fruiter  vegetable  substance 777 

slaughtering  of  animals 749 

standing  of  vehicles  and  machinery  on  streets,  prohibited.  .  753 

streets,  playing  in 736 

persons  under  age  on  at  night,  when 733 

Sunday,  keeping  business  house  open  on 763 

teams  standing  at  5t]i  and  Edmond  Streets,  prohibited.  .    .  .  751 

throwing  weight  on  sidewalks 752 

street-car  transfer,  penalty  for  selling  or  giving  away 1084 

water,  drawang  from  public  cistern 759 

pipes,  etc.,  of  St.  Joseph  Water  Co.,  interfering  with.  .  778 

weeds,  permitting  to  remain  on  lot 775 

MONEY— 

broker,  license  for 619 

leaner,  license  for 618 

chattels,  loaning  on,  license  for 622 

MONEYS— 

collections  of,  comptroller  to  supervise 822 

to  be  paid  into  city  treasury 1096 

city,  officers  cannot  retain 893 

deposited  wnth  officer  to  be  placed,  where 908 

MORTTJAEY  RECOEDS— See  IIealtii  Departmext— 
MUNICIPAL  BOUNDAEIES— 

extending  and  defined 60 

MUSEUMS— 

license  for 6 


INDEX.  797 

YAPTHA—  Sec. 

storage  of 259 

XITEO-GLYCEKINE— 

not  to  be  manufactured  or  kept 256 

ISTUISANCES — See  Health  DEPARTikiENT — 

general  provisions  defining,  and  prescribing  penalty..    ..788-812 

certain  matters  declared  nuisances 808 

abatement  of,  costs  taxed  how 809 

on  property  of  non-resident 800 

destruction  of  articles  dangerous  to  health 287 

dairies,  unclean,  etc 715 

dead  animals,  to  be  removed 791 

establishments,  foul  or  offensive 797 

lire  department  members  shall  report  nuisances 228 

garbage  to  be  removed — penalty 271 

grounds,  offensive 798 

hides,  green  or  salted,  storage  of 792 

offal,  rubbish,  filth,  slop,  etc 794 

not  permitted  on  lots 776 

to  be  removed 795 

removal  of,  license 803 

throwing  in  street,  etc 803 

to  be  removed,  how 805 

pens,  offensive,  for  cattle  and  hogs 793 

police  to  examine  city,  when 807 

ponds  and  pools  not  allowed  on  vacant  lots 776 

privies,  penalty  for  neglect  to  provide 788 

location  and  manner  of  building 789 

time  and  manner  of  emptying 790 

by  scavenger,  provisions  governing 1128 

rendering,  etc.,  offensive  smells  from 796 

sewers,  permitting  to  become  foul,  etc 799 

refuse  matter  not  to  be  thrown  into 801 

rubbish  not  to  be  thrown  into 1157 

steam  whistle  a  nuisance,  wdien 811 

XUMBERIXG— 

of  buildings 108-111 

OATH— 

of  Judges  of  election 189 

of  clerks  of  election 191 

of  city  engineer 833 

secretaiw  of  police  court  may  administer 1040 

OBSCENE— 

books,  etc.  selling  or  exhibiting 769 

language,  to  provoke  breach  of  peace 724 


798  REVISED   ORDINANCES. 

OBSTEUCTIONS— See  Highways—  Sec. 

of  streets  and  sidewalks,  general  provisions  concerning.  .  .537-555 

to  be  nmrked  by  red  liglit 534 

by  material,  etc 103 

by  house  mover 107 

by  excavations 534 

by  leaving  rubbish,  material,  etc.,  on 761 

by  railway  engines,  cars,  etc 1053-1054 

of  street  cars." 1071-1072 

of  fire  apparatus 325 

sewers,  throwing  rubbish  into,  etc 1157 

trees  must  not  obstruct  lamps 1249 

OFFAL — See  Nuisances — 

how  disposed  of  from  houses 271 

OFFICER— 

falsely  representing  an 766 

OFFICERS — See  Eepokts  and  Accounts — 

bond,  not  to  be  accepted  on 888 

bond  of  various 884-887 

absent,  not  to  be,  without  leave 889 

books,  etc.,  to  be  delivered  to  successor 890 

may  be  inspected 891 

city  election,  cannot  serve  as  judge  or  clerk  of 191 

city  money,  cannot  retain  for  salary 893 

city  warrants,  must  not  deal  in 892 

day's  work,  eight  hours  declared  to  be 907 

defaulting^  duty  of  comptroller 820 

deposits  with,  to  be  placed  in  depository 908 

deputies,  may  appoint 905 

employe  of  must  be  a  citizen 906 

moneys  to  be  paid  over  to  treasurer  monthly 1096 

term,  Im^o  years  unless  otherwise  provided 894 

suspended  officer  to  be  investigated 985 

procedure 895-904 

OILS  AND  FLUIDS— 

storage  of,  provisions  concerning 259-262 

nitro-glycerine  not  to  be  kept 256 

OMNIBUSES— See  Vei-iicles— 

license  for 029 

driver  of,  not  to  solicit  in  passenger  depots 939 

stand  for,  at  Union  Depot 941 

OPERA  HOUSES— See  Amusements— 

license  for 6 

may  be  paid  in  installments 16 

forfeited,  when 17 

OPERA  TICKET  DEALER^ 

license  for 621 


INDEX.  799 

ORDINAXCES—  Sec 

to  be  recorded  and  published 914 

repeal  or  inodification 915 

when  same  act  violates,  two 91G 

general  construction  of 917 

damage  ma}-  be  recovered  under 918 

veto,  passing  over 919 

failure  of  mayor  to  returu,  eii'ect  of 920 

to  be  numbered  and  classed 921 

publication  of,  deposit  required  for  what 922 

franchise,  copies  to  be  filed  with  clerk 924 

penalty  when  no  other  is  provided T(S7 

bond  copies,  clerk  is  custodian  of 858 

to  be  delivered  to  what  othcers 859 

clerk  may  sell  copies 800 

committee  on,  duties  of 12G 

report  on,  may  be  deferred 122 

ORDIXAT^Y— 

defined,  license  for 021 

PARENTS— 

not  to  allow  children  on  streets,  when 733 

PAEKS— 

description  of 925 

Krag  park,  acceptance  of  deed 926 

dogfc  not  allowed  at  large,  in 934 

playing  in,  prohibited 927 

injuring  property  in,  penalty 931 

throwing  litter  on  grounds 932 

police  to  arrest  violators 930 

general  ordinances  to  govern 933 

commissioners,  appointment  of 936 

authority  of 937 

receive  no  compensation 938 

PASSEXGEE  DEPOTS— 

expressmen,  hackmen,  etc.,  not  to  solicit  patronage  in 939 

hotel  runners,  not  to  solicit  in 940 

carriages,  baggage  wagons,  etc.,  at,  provisions  governing...  941 

PAUPEES— 

mayor  may  aid,  etc 816 

PAVEMENT— 

not  to  be  taken  up  without  permit 528 

penalty  for  injuring 537 

PAVING— See  Highways— 

how  done 522 

PAWNBEOKEES— 

defined 944 


800  REVISED  ORDINANCES. 

PA  WNBROKEES— Continued.  Sec. 

license  for 943 

application  for,  how  made 945 

to  keep  register  and  report  daily 946 

register  to  be  open  to  inspection 947 

not  deal  with  minor  nor  receive  pawns,  when 948 

fees  allowed 949 

time  of  redemption 950 

PEDDLERS— 

defined 641 

license  required 642 

amounts  charged  therefor 643 

of  fresh  meats — prohibited  from  peddling,  when 645 

PENALTIES— 

for  misdemeanor  or  where  no  special  penalty  is  prescribed .  .  786 

where  none  is  fixed 787 

PETROLEUM  AND  COAL  OIL— 

storage  of 5J59 

PHONOGRAPHS— 

license  for  selling  or  renting 14 

PHOTOGRAPHER— 

license  for 621 

PHOTOGRAPHS  AND  PICTURES— 

enlarging,  license  for 638 

PHYSICIANS — See  Health  Department — 

mayor  may  employ  physician  in  urgent  cases 295 

to  report  contagious  diseases 300 

to  make  death  certificates . .  321 

to  report  births 3^7 

to  report  deaths 32S 

PICKPOCKETS— See  A^agbants— 

associates  of,  deemed  vagrants 1252 

PIGEON  DROPPING— 

defined 1253 

PIPES— 

must  not  discharge  water  on  sidewalks 549 

of  St.  Joseph  Water  Co.,  not  to  be  interfered  with 778 

PLUMBING— 

plumber  must  have  permit 953 

houses  must  connect  with  sewer? 953 

cess-pools,  how  constructed 954 

permit  for  house  drains 955 

plumbing  and  ventilation 956 

construction  of  drains 957 

cast-iron  traps 958 

drains  to  have  l^rass  connections 959 

drain  pipes  to  have  uniform  fall 960 


INDEX.  801 

PLUMBING— Continued.  Sec. 

privy  or  cess-pool  not  to  connect  with  scwcr 961 

soil  pipes — specifications 96^ 

waste  and  vent  pipes — specifications 963 

fixtures  to  have  independent  sealing  trajxs 96 i 

vent  pipes  through  roof 965 

two  fixtures  coniiecting  with  one  vent 966 

steam  exhaust  not  to  connect  with  sewer 967 

chimney  flues  not  to  be  used  for  ventilators 908 

refrigerators  not  to  connect  with  drain 9(59 

joints,  how  made 970 

pipe  and  pipe  fittings  to  be  varnished,  how  secured 971 

rain-water  leaders,  connections,  etc 972 

overflow  pipes  not  to  connect  with  drains 973 

water-closets  to  be  supplied  with  water 974 

unsanitary  water-closet  prohibited 975 

special  permit,  when 976 

connections  with  lead  pipes 977 

vent  pipes  to  extend  above,  highest  fixture 978 

down  draught — back  air  pipe  prohibited 979 

inspector  to  be  notified  when  work  is  ready  for  inspection.  .  980 

stone  pipe  to  be  used,  when 981 

condemnation,  property  owner  to  give  consenit 982 

cess-pool  to  be  abandoned,  when 983 

discharge  from  fixture  shall  not  pass  through  more  than  one 

trap. 984 

urinals,  specifications  for 985 

api)lication  for  permits,  how  made 986 

inspector  to  be  notified,  wdien 987 

defective  work  to  be  ordered  out 988 

information  to  be  supplied  the  inspector 989 

penalty  for  ventilation  of 1002 

orelinance  or  orders 990 

plumbing  inspector,  appaintment  of 991 

appeal  from  inspector's  decision 992 

fees  for  permits 993 

board  of  examiners 994 

plumbers  must  be  examined 995 

board  of  examiners,  how  organized 996 

mayor  may  appoint  members 997 

boai-d  shall  issue  licenses 093 

secretary  of  beard 990 

revocation  of  tccnse 1000 

fees  for  examination 1001 

l-ciK.it    for  violation 1002 

ordinance  to  be  printed 1003 

ro2nlar  meetinss  of  board 1004 


802  REVISED  ORDINANCES. 

POLES  AND  POSTS—  Sec. 

permit  i  QL?red  for  j:Gttmg 5;;:s 

what  mny  lo  trected o<±l 

cliiiii'inu-  on,  iDJuring  or  disturbing 738-739 

to  be  branded 553 

POLICE— 

cli.'ej  of  t(-  attend  council  meetings ]l't 

to  provide  cliJcers  at  polling  pldje.- ...    J'.i3 

is  ex-otiicio  member  of  board  of  health 283 

to  arrest  violators  of  parlc  ordinance .^3') 

shall  detail  police  to  examine  sanitary  condition,  when.  .    807 

to  keep  record  of  witnesses,  etc 103(j 

to  keep  record  of  conunitments  to  workhouse 1289 

oificers  may  direct  movement  of  teams,  when 540 

force,  mayor  m.ay  direct  action  of,  when 815 

judge,  to  report  to  comptroller 1097 

POLICE  COUET— 

.  actions,  manner  of  bringing 1005 

complaint,  form  of 1005 

amendments  permitted 1016 

affidavits  to  be  made  by  city  attorney 1021 

appeals,  when  city  may  take 1022 

bail  by  whom  to  be  taken 1029 

prisoner  to  be  committed  in  default  of 1030 

bond,  forfeiture  of 1011 

may  be  set  aside 1012 

continuances,  when  granted 1018 

costs,  judgment  rendered  against  informant  for,  when..    ..1019 

defaults,,  procedure  on 1014 

judgment  may  be  set  a^ide 1015 

depositions,  may  be  read,  when I02fi 

executions,  when  issued,  form  o^ 1023 

how  enforced 102''x 

motions  disposed  of,  when 1017 

notices  to  be  served  on  city  attorney 1020 

officers  to  inform  city  attorney  of  violations 1006 

])ractice  before  justice  of  peace  ap]>licable 1034 

prosecutions,  limitation  of 1033 

summons  or  warrant,  when  to  be  issued 1007 

trials,  hearing  to  be  summary 1009 

suits  to  be  tried  on  statement  by  city  attorney 1008 

judge  may  appoint  attorney,  when 1035 

witne=^s.  officers  to  attend  as 1025 

fees,  who  entitled  to 1027 

attachment  for 1028 

may  give  i)ond 1029 

committed,  when 1030 

delinquent  miiy  l)e  fined 1031 


INDEX. 


803 


POLICE  COURT— Continued.  Sec. 

may  be  recognized lO'.V^ 

chief  of  police  to  l^ecp  record  of 1030 

secretary  of,  how  appointed 10o» 

general  duties  of . lU3f) 

may  a'd minister  oaths lU40 

to  examine  cost  bills 1041 

contempt,  what  constitutes 1042 

how  punished 1043 

when  committed  in  view  of  judge 1044 

particulars  to  be  stated 1045 

fines  to  be  paid  into  city  treasury 1037 

POLLING  PLACES— See  Election— 

location  of 62 

POOL  TABLES— 

license  for 33 

permitting  minor  to  play  on 3^ 

POSTEES— See  Bill  Posting— 

not  to  be  affixed  to  walls,  etc.,  without  permission 755 

nor  on  public  property  without  consent  of  mayor.  .    .  .      3G 
not  to  be  destroyed,  when 37 

POSTS— 

what,  may  be  erected  in  streets 541 

POUND — See  Impoundek — 

PRECINCTS- 

boundaries  of 63 

PPvINTlNG,  CITY— 

proposals  for,  comptroller  to  advertise 1046 

contract  let  to  lowest  bidder 1047 

bond  to  be  given  by  contractor 1048 

papers  to  be  furnished  city  officers 1050 

job  printing  let  to  lowest  biflder 1049 

citv  printing  to  be  on  union  label 1051 

PRISONERS— See  Wokrhouse— 

required  to  labor 1293 

credit  for 1303 

PRIVIES— 

penalty  for  neglect  to  provide 78S 

how  constructed 789 

time  for  empt3'ing 790 

cleaning  of,  by  scavenger 1130 

PROCURERS— 

or  pimps  are  vagrants 1352 

PROPERTY— 

assessment  of 862-865 

of  city,  comptroller  to  aitond  to  sale  of,  etc 826 


804  REVISED  ORDINANCES. 

1»K0  PERT  Y— Continued.  '  ■  Sec. 

condemnation  of  private,  for  public  use 130-135 

injuiing  public  or  private 740 

PROPOSALS— See  Contracts— 

for  olliee  supplies 828 

for  city  printing 1046 

for  job  printing 1049 

PROSTITUTES— 

lewd  conduct  of 770 

l>eing  inmate  o^f  bawdj^  house 772 

deemed  vagrants,  when 1252 

not  to  be  employed  in  dramshops 181 

PROSECUTIONS— 

of  suspended  city  officer 895-904 

in  police  court 1005-1037 

for  violaion  of  Chapter  XXX..  city  attorney  to  report 721 

PROVISIONS— 

unwholesome  or  tainted,  sale  of  prohibited 673 

PIIBLICATIOX— 

printing  council  proceeding,  etc 1046 

election,  notice  of 188 

impounder's  sale,  notice  of 15b 

ordinances,  proof  of 914 

cost  of  publication  paid  by  beneficiary,  when 922 

unredeemed  property,  form  of  certificate 1105 

PUBLIC  BUILDINGS— 

committee,  appointment  of 124 

to  fix  rental  of  market  stalls,  etc 665 

PUBLIC  ENTERTAINMENTS— 

license  for 6 

PUBLIC  IMROVEMENTS— See  Highways— 

committee  on,  appoantraent  of 124 

PUBLIC  LIBRARY— 

injuring  books  or  other  proj>erty  of 779 

PUBLIC  SCALES— See  Scales— 

provisions  concerning 1111-1115 

QUALIFICATIONS— 

of  city  employe 906 

'QITAR AX'TIN  E — See  ITealtii  Dej'aktment — 

general  regulations  for 301 

R  A I L WA  YS,  STEAM— 

speed,  rate  of 1052 

street  crossings,  cars  not  to  remain  on 1053 

street,  obstruction  of,  not  allowed 1054 

lumber,  etc.,  not  to  be  deposited  in 1056 


INDEX.  y05 

EAH^WAYS,  STEAM— Continued.  Sec. 

engines  and  cars,  climbing  on  or  olT 7;r/ 

Light  to  be  kept  on  car  or  engine 1055 

bell  must  be  rung 1057 

sign-board  at  entrance  of  city 1058 

ordinance,    engineer    and    conduetoi-    lo    be    furnished    with 

copy  of 1059 

watcJnnan  to  be  stationed  at  crossing,  when 10(31 

drop  bars  to  be  placed  at  crossing,  when 10(52 

may  be  maintained  jointly 1003 

whistles,  sounding  of  regulated 1U()5 

}3assenger  depots,  piovisions  concerning 939-942 

lights  at  railroad  crossdngs. 10(57 

r. AI LWA YS,  STEEET— 

tracks  to  be  kept  in  proper  condition 1070 

not  to  be  laid  in  street  without  permission 1074 

to  be  removed  and  street  restored,  when 1086 

removal  of,  for  street  improvensent 1089 

replaced,  when 1090 

how  reconstructed .      1091 

notices  served,  how 1092 

rights  of  city 1093 

rules  and  regulation.-  for  operation  of 1071 

lire  department,  not  to  interfere  with 1072 

cannot  use  steam  or  haul  freight 1073 

fare  caimot  be  increased 1073 

fenders  required  on  cars 1070 

speed  limits 1077 

gongs  required  on  cars,  to  be  sounded 1078 

i-ailroad  crossings,  cars  to  stop  at 1079 

license  required  for  each  car 1080 

plank  crossings  to  l>e  constructed,  when 1094 

notice  to  construct,  how  served 1095 

cars,  climbing  on  or  otf  while  in  motion 737 

transfers,  duty  to  issue 1082 

same,  how  issued 1083 

transfers  not  to  l)e  sold  or  given  awav 1084 

iJEAL  ESTATE  AGENTS  AA^D  REOKEIJS— 

license  for 618 

RECOXSIDERATIOX— 

of  vote  by  common  council 123 

of  vetoed  ordinance 919 

RECORDS— See  Books— 

chief  of  police  to  keep  of  prisoners  committed 1288 

health  department  to  keep  of  proceedings 305 

inspector  of  licenses  shall  keep 653 

junk  -dealer  must  kee]> 615 

mortuary  record^  to  be  ke\)t 324 


806  REVISED  ORDINANCES. 

EECOEDS — See  Books — Continued.  Sec. 

officers  shall  deliver  to  successor ...    syO 

officers'  books  may  be  ijispected 891 

pawnbroker  to  keep 940 

may  be  inspected 947 

police  court,  secretary  to  have  custody  of 1U39 

second-hand  dealers  to  keep 1138 

RED  LIGHTS— 

at  obstruction  by  building  material,  etc 103 

ut  excavations  in  streets 534 

removino;  from  dangerous  place 7b'U 

KENTS— 

comptroller  shall  attend  to  collection  of 8^2 

market  stalls,  rental  to  be  fixed,  when 665 

REPAIRS— 

bill-board  to  be  kept  in  repair 34 

building  inspector  to  require  repairs 39 

of  building  subject  to  ordinance  regulating 73 

of  defective  flues,  building  inspector  to  require 115 

of  sidewalks,   provisions  regulating 570-580 

of  sewers,  gas  or  water  pipes,  no  charges  for  permit 531 

REPEAI^- 

of  ordinances,  effect  of 915 

REPORTS  AjS^D  ACCOU^^TS- See  Various  Officeks— 

accounts  of  street  lighting  depart)nent,  how  classified 110:<J 

inventory  of  supplies  and  unpaid  bills 1103 

canceled  indebtedness,  disposition  of llOO 

money  to  be  paid  over  monthly  by  officers 1096 

reports,  failure  to  make,  penalty.  .    . 1101 

of  judge  of  police  court 1097 

superintendent  of  worldiouse 1098 

other  officers  to  report,  when 1099 

REPUTATIO^^— 

evidence  of,  admissible  in  trial  of  vagrant 1255 

of  bawdy  house 774 

RESTAURANTS— 

license  for 62i 

not  to  offer  guests  impure  milk 711 

RESOLITTION— 

of  common  council  to  be  signed  by  clerk 853 

REVENUE— See  Licenses— 

compensation  fo  rcollecting  delinquent  taxes 1104 

form  of  certificate  of  advertisement  of  property 1105 

RIDING — See  Driving — See  Vehicles — 

in  streets,  etc.,  provisions  concerning 746 


INDEX. 


807 


KIGHT  OF  WAY—  Sec. 

fire  apparatus  has,  on  streets Ji;37 

of  sitreet-cars 1073 

for  constructing  street-railway  tracks 1(374 

ElOT— 

poAvers  of  mayor  in  cai?e  of 815 

KUBBISH— 

leaving  on  street  or  sidewalk,  penalty 7()1 

not  allowed  on  vacant  lots,  when 77G 

how  disposed  of 795 

not  to  be  thrown  in  sewer 801 

KIJLES  AXD  REGULATIOXS— 

committee  on  rules,-  appointment  of 124 

for  fire  department,  how  made 215 

for  quarantine,  board  of  health  may  make 339 

for  running  street-cars 1071 

for  workhouse,  how  made. 1395 

KUNXEES— 

defined,  license  required 1106 

license  to  state  what;  how  transfen-ed ,1107 

shall  wear  badge 1108 

must  not  disturb  others 1109 

bond  required 1110 

restricted  at  passenger  depots 940 

SALABIES— 

ol  boiler  inspector  and  board  of  engineers 53 

city  electrician 868 

sanitary  inspector 313 

clerk  of  board  of  health 305 

city's  money  cannot  be  retained  for 893 

SALE  STABLES— 

license  for 621 

SALES^ 

by  auction  to  be  by  auctioneer 35 

of  propert)^  for  taxes,  comptroller  to  attend,  etc 836 

of  goods,  street  not  to  be  obstructed  by 545 

of  impounded  animals 158 

SAXITAEY — See  Health  Depaetmfnt — 

regulations,  assistant  health  officer  shall  enforce 398-303 

condition  of  city,  health  officer  has  supeiwision  over 3!)0 

SCALES  AND  WEIGHEES— 

public  scales,  license  for 1111 

articles  must  be  weighed  before  sale 1113 

weigher  to  give  ticket 1113 

fees  for  weighing Ill'* 

not  to  be  designated  as  citv  scale? 1115 


808  REVISED   ORDINANCES. 

SCALES  AND  WEIGHEE-— Continued.  Sec. 

inspec-tor  for 598 

fees  for 599 

false  scales,  penalt}'  for  using GOl 

city  weighmaster,  appointment  oi' lllb' 

duty  of.  . 1117 

manner  of  weigiiing  loads 1118 

changing  eertiiicate  of  or  (liiiiiinishing  weights 1119 

fees  for  weighing 1120 

to  pay  over  receipts  montlily 1121 

shall  report  monthly 1122 

yard  fee  charged,  when •.    .  .    .  .    GBl 

private  persons  proliibited  from  weigiiing 1123 

marketmaster  to  iveep  scales,  etc 6S6 

SCAVENGEES— 

scavenger  defined 1127 

penaJty  for  doing  work  without  license 1131 

equipment  for  work 1133 

privy  and  cess-pool,  how  cleaned 1128 

under  direction  of  health  officer .  .1130 

air-tight  tank  to  be  used 1129 

owner  of  privy,  to  have  permit,  when.  .    :  .    .  .  ■ 1133 

healtli  otticer  to  notify  owner  to  clean 1134 

time  for  emptying  privy  vaults 790 

reports  required  of,  to  health  officer 1135 

REAI^^  "~ 

of  cit\^  of  St.  Josepli,  description  of 1137 

SEAECH  WAEEANT— 

may  issue  for  conicealed  gunpowder 281 

SECOND-HAND  DEALEES— 

license  for (i21 

to  keep  a  register  of  goods  purchased 1138 

SETTLEMENT'S— OFFICIAI^- 

auditor  to  make  with  finance  committee  monthly 833 

treasurer  to  make  with  auditor  monthly 843 

SEWEES— See  Highways— 

main  and  lateral,  how  constructed 1140 

connections  with,  how  made. 1141 

to  be  by  permission 1142 

must  conform  with  orders  of  board  of  public  works.  .1143 

penalty  for  worldng  around,  witlrout  permit 1144 

litter,  rubbish,  etc.,  not  to  be  thrown  into 1157 

refuse  matter  not  to  be  thrown  into 801 

offensive  or  foul  sewers,  drains,  etc.,  not  allowed 799 

obstructions  or  discharges  into  fo'^bidden,  when 1158 

persons  violating  to  be  notified 1159 

condition  of  building  permit 1160 


INDEX.  .  y(jc) 

SEWERS' — See  Highways — Continued.  Sec. 

private  sewers  or  drains,  how  constructed 1145 

permit  from  lx)ard  of  public  works  required 1146 

applicant  for,  to  give  bond 1147 

notice  to  board  of  public  works  before  beginning  work.  .Ilt8 

materials  and  connections  to  be  approved 1149 

city  may  connect  with,  etc 1150 

how  connected  with  buildings 1152 

plan  of  to  be  deposited  with  board  of  public  works.  .  .  .1153 

engineer  may  inspect 1154 

owners  considered  as  petitioners,  when 1156 

ta.x  bills  for  district  sewers,  how  issued 1161 

sewer  districts,  boundaries  of 1162-1246 

condemnation  of  private  ]:)ropeTty  for 130 

SEWING  MACHINES— 

agent  or  dealer,  licunfC  for 618 

solicitor,  license  for 618 

SEXTONS— See  Health    Dkpartment— 

duties  of 320-324 

SHAVINGS— 

burning  in  street 248 

to  be  removed  from  s]iops,  etc 255 

SHEDS— 

or  wooden  buildings,  bow  lonsitructed 93 

SHOOTING  GALLERY— 

license  for 8 

SHOWS — See  Amusements — 

license  for 6-15 

SIDEWALKS— See  Hi&invAYS— 

classilicaition  and  construction  of 556-569 

excavations  in 528 

obstruction  and  injury  to 537' 

repair  of '  .  .' 570-580 

occupation  of,   for  buildings  purposes,  when  ])ermitted..    ..      70 

passage-way  to  be  kept  open 103 

playing,  riding  or  coasting  on 736 

driving  on 746 

leaving  rubi>ish  on 761 

throwing  fruit  or  vegetable  substance  on 777 

posters,  etc.,  not  to  be  arrix«l  to 36 

shade  trees,  where  to  be  planted  in 1247 

SIGNAL  LIGHTS— 

to  be  placed  at  obstructions  in  streets 103 

to  be  maintained  at  excavations 534 

removing  from  dangerous  place 760 

locomotives  and  cars  to  have 1055 

street-cars  to  be  provided  with 1071 


SIO  REVISED  ORDINANCES. 

SIGN  AND  SIGN-POSTS—  Sec. 

sign-posts  not  allowed  on  sidewalks,  etc 541 

sign-board  to  bo  erected  on  railroad,  when 1058 

siigns  on  street  or  sidewalk,  how  ercoted 543 

injuring  or  defacing 740 

not  to  be  carried  without  permit 754 

SLAUGHTEE  HOUSES— 

slaughtering  forbidden,  except  in 749 

nuisances,  when 808 

foul  or  oiffensive,  penalty 797 

sewer  connections,  through  catch  liasiiis  rc(juired 1158 

SLOPS— See  Garbage— 

not  to  be  thrown  in  streets,  etc 794 

SMALL-POX— 

physicians  nuist  notify  health  oincer  of 300 

duty  of  health  officer 292 

SNOW— 

sidewalks  to  be  kept  free  from 547 

SPECIAL  TAX  BILLS— 

clerk  to  issue,  when,  in  street  opening  cases 131 

'delivered  to  treasurer 132 

collection  of 133 

counselor  to  collect 134 

in  case  of  abatement  of  nuisances,  issued  when 809 

unsafe  buildings 82 

for  sewers,  to  have  cost,  etc.,  written  on llfil 

STABLES' — See  Livery  Stables — 

lights  in  prohibited,  except 249 

depositing  manure,  etc.,  in  streets 808 

STAX DING  COMMITl^EES- 

appointment  of 124 

STANDS— 

in  market,  iettiug  of 6C^6 

for  hay  wagons,  etc 681 

for  vehicles  at  Union  Depot,  regulations  governing 941 

for  express  and  jol)  wagons 12G7 

STATIONERY- 

for  city  officers,  comptroller  to  furnish 828 

blank-books,  etc.,  to  be  let  to  lowest  bidder 1049 

STEAM  BOILERS— See  Boilers— 

STEAM  RAILROADS^  See  Railways- 

STOCK— 

not  to  be  run  at  large 157 

live  stock  commission  merchant,  license  for.  .    .  .' 620 

STORAGE  HOUSES— 

license  for 646 


INDEX.  5^11 

STOVES—  Sec. 

how  set  up,  where  near  woodwork  of  wall ".' Ti 

pipes  for,  regiihition  of ■.  1 7 

to  be  on  platform ■.-/: 

STHAW— 

not  to  be  stacked.  wIki'c 252 

throwing  of.  into  drains  or  sewers   forbidden 1157 

STEEET  LIGHTINX^— See  Eli;otkic  Light— 

connnittee,  appoinlnient  of 128 

department,  accounts  to  he  clas^-ified .  .1102 

inventory  of  supplies  aivd   un})aid   bills llOo 

record  of  expenditures 872 

plant,  city  electrician  shall  superintend 870 

STREET  KAILKOADS— See  K\ulway8— 

STREETS— See  Highways— 

comniiittee  on  streets  and  alleys,  appointment  of 121 

numbering  of  l)uildings  on 108-111 

offenses,  on;  see  misdeariieanors 723-777 

opening  of,  proceedings  for 130 

SUBPOENA— 

president  of  council  may  issue,  when ,   .  .    .  .    900 

STJITS— 

affected,  how.  i)y  repeal  or  raodiiication  of  ordinances 9X5 

a.gainst  city,  counselor  to  keep  record  of 831 

statement  in  police  court 1005 

to  collect  tax  bills  for  opening  street 134 

for  sidewalk  repairs 580 

SUMMONS— 

to  be  issued  by  judge  of  police  court 1007 

SUNDAY— 

business  houses  must  be  closed  on 763 

dramshops  must  be  closed  on 178 

SUPERINTENDENTS— 

of  buildings;  see  buildings 64 

of  electric  light  plants;  see  electrician 870 

of  sanitary  affairs;  see  health  department 290 

of  workhouse;  see  workhouse 1286-1287 

SUPPLIES— 

for  offices,  comptroller  to  let  to  lowest  bidder 828 

on  hand  at  electric  light  plant,  inventory  of 1103 

for  workhouse 129!> 

SUSPENSION— 

of  city  otficer  by  mayor 895 

SWIMMING— 

in  Missouri  River  or  ]>onds  restricted 764 


;^[2  REVISED   ORDINANCES. 

TAXES — See  Special  Tax  Bill —  Sec. 

receipts  for,  how  issued,  etc 847 

land  tax  delivered  to  comptroller,  when 851 

e(Hnptro]ler  to  certify  amount  to  be  raised  bv  taxation 824 

t(;  attend  sale  of  rcaJ  estate  for  taxes,  etc 82G 

on  merchants  to  be  extended  and  collected 705 

conijjensatioai  for  collecting  delinquent 11U4 

on  property  of  telegraph  anid  express  companies 649 

TK LEG ILVPH  ( 'O^FP A N I ES— 

licence  for 647 

TELEGEAPH  AXI)  TELEPIIOXE— 

poles,  regulations  for  ,-etting  in  street 528 

poles  and  wires,  injury  to,  etc fo'S 

poles  to  he  brau'ded 553 

TEN  PliN  ALLEY— 

license  for 7 

not  allowed  in  eonnectii^n  witb  dramshops 180 

t(,]T  ])in-  not  to  be  played  on  Sunday 763 

Til  EATPES^ — S]'.E  Amusements — 

license  for 6 

how  paid IG 

intoxicating  licpiors  net  to  be  sold  in ]S3 

THIEVES— See  Yaghaxts- 

TIE  VOTE— 

how  determined  i)y  lot 206 

TPEASLPEP,  CITY— 

general  duties  of 843 

to  report  monthly  to  compti  oiler •  844 

to  make  daily  report  of  disbursements 850 

may  employ  clerk 845 

bond  of 8*6 

tax  receipts,  how  issued  by 847 

shall  deposit  receipts  daily 848 

checks  of,  to  be  countersigned 8^9 

to  deliver  tax  books  to  comptroller,  when 851 

penalty  for  official  dereliction 852 

to  pay  over  dramshop  money  to  county  monthly 185 

collections  of  tax  bills  for  opening  street 133 

for  repairing  sidewalks 579 

■compensation  of,  for  collecing  delinquent  taxes 1104- 

TREES,  SHADE  AND  OENAMENTAL— 

trees,  how  planted 1247 

city  engineer  may  replant,  etc 1248 

trees  not  allowed  to  obstruct  lamps. 1249 

animal  injuring  tree,  owner  liable 1250 

planting  box-elder  trees  prohibited 1251 


INDEX. 


813 


TRIAL — See  Police  C'oukt —  Sec. 

of  suspended  officer,  proeediiic 895-001 

irmo?^"  DEPOT— See  Passenger  Depots— 

carriages  and  wagons,  at,  regulations  governing i)41 

IJ iNTLA WFULI, Y  ASSE MBLY— 

what  is 723 

UNWHOLESOME  MEATS,  ETC.— 

sale  of,  proliiljited (j73 

A^ACANCIES— 

in  elective  office,  liow  tilled 208 

VAGPAxNTS— 

defined 1252 

pigeon  dropping  delhied 1253 

trials  of.  may  be  of  joint  olfenclers 1254 

evidence  of,  reputation  admissible 1255 

penalty  upon  conviction 125fi 

VAULT  CLEA^^ERS— See  Scavengebs— 
VAULTS — See  Ex  cavations — 

under  sidewalk,  regulations  for  constmction  of 551 

penalty 552 

not  to  be  left  open 550 

VEGETABLES— 

stands  in  market,  regulations  governing 678 

parings,  etc.,  not  to  be  tiirown  on  sidewalk 777 

VEHICLES— 

bicycles,  etc.,  governed  by  what  laws 1269 

riders  must  keep  to  the  right 1270 

not  to  ride  upon  sidewalk 1271 

speed  limited,  in  what  district 1272 

to  be  provided  with  alarm  bells 1273 

coaating  prohibited 1274 

penalty 1275 

driving,  over  hose 743 

on  sidewalk 745 

must  keep  to  tbe  right 747 

drivers  of  hacks,  carriages,  etc.,  to  give  bond 1260 

penalty  for  intoxication 1261 

not  to  refuse  to  carry  or  deceive  passenger 1262 

license  for 629 

metal  tag  required  to  be  kept  on 630 

of  non-resident  not  transferable 1264 

falselv  representing  residence 1265 

penalty.  . ' ^ 1266 

movement  of,  in  crowded  street 540 

obstructing,  crosswalks 5 18 

street-car  tracks 1071-1072 

rates  of  fare,  for  carrying  passenger  or  baggage 1257 


814  REVISED   ORDINANCES. 

YEHl  CLE  S— Continued.  occ. 

to  be  posted  in  vehicles 1363 

for  job  wagons 1258 

stands  for  express  wagons,  etc.,  location  of 1267 

regulations  governing 1267 

penalty 1268 

at  Union  Depot,  regulations  governing 941 

VETO— 

effect  of,  passing  ordinance  over 919 

VITAL  STATISTICS— 

to  be  kept  by  board  of  health 326 

births  and  deaths  to  be  reported 327-328 

VOTING  PRECINCTS— 

designation  of 62 

WAGONS— See  Vehicles— 

WAGON  YARD— 

license  for 621 

WARDS— 

boundaries  of 61 

WARRANTS  (PROCESS)— 

judge  of  police  court  shall  issue 1007 

unnecessary,  when 1008 

WARRANTS  (ORDERS)  — 

to  be  countersigned  by  comptroller 836 

indebtedness  to  city  to  be  deducted  from 837 

officer  must  not  deal  in 892 

WATER— 

rates  charged  private  consumers  of  water .    .  .1276 

time  of  payment,  enforcement  of 1277-1281 

office  to  be  kept 1277 

water  rates  to  be  payable  quarterly 1278 

consumer  refusing  to  pay,  water  mav  be  shut  off 1279 

tender  of  water  rate  by  consumer,  effect  of 1280 

WATER  AND  GAS— 

committee  on,  appointment  of 124 

WATER  PIPES,  ETC.— 

excavations  for,  in  streets,  regulations  governing 528 

of  St.  Joseph  Water  Co.,  not  to  be  interfered  with 778 

WEAPONS— 

deadly  or  dangerous,  carrying  concealed 729 

WEIGHMASTER— See  Scales— 

WEIGHTS  AND  MEASURES— See  Inspection  of— 

to  be  inspected,  when 598 

fees  for  testing  and  sealing 599 

refusal  to  have  measure,  etc.,  inspected,  penalty 600 


INDEX.  ^15 

WEIGHTS  AND  MEASUEES— See  Inspection  of— Continued.         g^c. 

proper  standard  to  be  used  for  testing (J02 

using  false  measure,  etc.,  penalty 601 

WIEES— 

inspection  of  electrical S73 

telegraph,  telephones,  etc.,  injuring  or  interfering  with   ....    738 

WINDOWS— 

on  sidewalk  regulated 540 

WITNESSES— See  Police  Coukt - 

in  police  court,  provisions  relating  to 1025-1032 

chief  of  police  to  keep  a  record  of 1036 

in  trial  of  suspended  officer,  may  be  subpoenaed 900 

defaulting  witness  may  be  punished 901 

fees  to  be  paid 904 

WOOD— 

dealer  or  agent,  license  for 621 

certificate  of  measurement  to  be  given  purchaser 12S2 

cord  of,  how  computed 1283 

penalty  for  diminishing  quantity 1284 

WOODEN  BUILDINGS— See  Buildings— 
WOEK— 

eight  hours  to  constitute  a  day's  work 907 

members  of  police  and  fire  departments  excepted..    ..   907 
WOEKHOUSE— 

establishment  of 1285 

superintendent,  appointment  of 1287 

powers  and  duties 1280 

to  keep  a  record  and  report  monthly 1291 

articles  produced  may  be  sold 1298 

commitment  or  release  of  prisoner,  duty  of  officers 1288 

chief  of  police  to  keep  a,  record,  etc 1289 

committee,  appointment  of 124 

to  examine  books  and  accounts 1300 

discharge  or  escape  of  prisoner 1290 

health  officer,  visiting  duties  of 293 

inventory  of  property,  when  returned 1306 

obstructing  officer,  penalty  for 1297 

prisoners  to  be  fed  three  times  daily 1293 

required  to  labor 1292 

punishment  for  rpfusing 1301 

amount  credited  for  labor 1302 

rules  of  discipline  shall  be  enforced 1295 

prisoner  must  obey  orders 1290 

separation  of  sexes 1303 

supplies,  what  furnished,  how  purchased 1299 

prisoner  credited  at  rate  of  $1  per  dav 1302 

moneys  received  to  be  paid  over 1305 


g.g  REVISED  ORDINANCES. 


WRESTLING  EXHIBITION,  ETC.—  Sec^ 

license  for 

not  allowed  in  dramshops -^^^ 


8  4-23      10 


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